Jan82026
Probate Q&A Series

How can I find out whether there are missing estate assets or tax issues if we’re still waiting on IRS transcripts? – North Carolina

Short Answer

In North Carolina, the fastest way to check for missing estate assets while IRS transcripts are pending is to use the probate file (inventory and accountings), public records (register of deeds and tax office records), and—if needed—court tools that can force information to be produced. The personal representative has duties to identify, collect, and preserve estate property, and interested persons can ask the Clerk of Superior Court to compel an accounting or to run a “proceeding to discover assets” when property may be in someone else’s hands. Potential tax issues can often be flagged from bank records, closing statements, and prior-year returns even before transcripts arrive.

Understanding the Problem

In North Carolina probate, the key question is how an heir or other interested person can confirm whether estate property is missing or whether tax problems exist when the IRS transcripts have not arrived and the personal representative is limiting access to information. The decision point is whether the concern can be resolved through the estate’s required filings and public records, or whether a formal request to the Clerk of Superior Court is needed to force disclosures and investigate property that may have been transferred, sold, or held by someone else.

Apply the Law

North Carolina law places the primary responsibility for locating and assembling estate assets on the personal representative, along with a duty to preserve assets and administer the estate reasonably. When information is not being shared or assets appear to be outside the estate’s control, North Carolina procedure allows interested persons to ask the Clerk of Superior Court to compel an accounting and, in appropriate cases, to use an estate “proceeding to discover assets” to examine a person believed to have estate property and seek its return. These tools can be used while IRS transcripts are pending because they focus on identifying property and transactions, not just tax reporting.

Key Requirements

  • Standing as an “interested person”: The person raising concerns generally must have a recognized stake in the estate (for example, an heir or beneficiary) to request relief from the Clerk.
  • A concrete information target: Requests work best when they identify specific categories of records or transactions (for example, deeds, closing statements, bank statements, or an explanation of a real estate sale).
  • A procedural path that fits the problem: Missing paperwork often points to a motion to compel an accounting; suspected property held by a third party often points to a proceeding to discover assets; serious misconduct concerns may support broader contested estate relief.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts raise two red flags that often justify a structured “asset check” even before IRS transcripts arrive: (1) real estate transactions that may have occurred in the parent’s name, and (2) limited transparency after a change in control from agent under power of attorney to personal representative. Under North Carolina probate practice, the inventory and accountings should reflect what the estate owned, what was sold, and where the proceeds went; if those filings are missing, incomplete, or inconsistent with public deed and tax records, that mismatch is often the basis to ask the Clerk to compel a full accounting or to initiate a proceeding to discover assets tied to specific properties or proceeds.

Process & Timing

  1. Who checks first: An interested person (often through counsel). Where: the estate file with the Clerk of Superior Court in the county where the estate is open, plus county public records (Register of Deeds and Tax Office). What: review the filed inventory and all interim/final accountings, and compare them to deeds, recorded deeds of trust, and property tax listings for the parent’s name and known addresses. When: as soon as concerns arise; waiting for IRS transcripts is not required to start this comparison.
  2. If the probate file does not answer the questions: request that the personal representative provide supporting documentation (for example, closing statements, bank statements showing deposits of sale proceeds, and explanations for any transfers). If cooperation is not happening, an interested person can ask the Clerk to compel an accounting under the probate statutes and local procedure.
  3. If property or proceeds appear to be held by someone else: consider a proceeding to discover assets before the Clerk of Superior Court focused on the specific property, transaction, or account. The goal is to require testimony and production of information about estate property and, if appropriate, obtain an order directing delivery of property back to the estate.

Exceptions & Pitfalls

  • Not everything is an “estate asset”: Some property passes outside probate (for example, certain jointly owned assets or beneficiary-designated accounts). A missing item on the inventory is not always wrongdoing; it may be a non-probate transfer that still needs to be verified.
  • Real estate title timing can be confusing: In North Carolina, real property often passes to heirs or devisees at death subject to administration needs, so the paper trail may involve both probate filings and deed records. A careful timeline matters.
  • Tax issues are broader than transcripts: IRS transcripts help confirm filings and reported income, but early warning signs can come from bank activity, 1099s, closing statements, and prior-year returns. A common mistake is waiting for transcripts and losing momentum on gathering non-IRS documents.
  • Overbroad accusations can backfire: The most effective approach is to identify specific transactions (a particular property sale, a particular account) and ask for specific records tied to that transaction.

Conclusion

In North Carolina, missing-asset and tax-issue concerns can be investigated even while IRS transcripts are pending by comparing the probate inventory and accountings to public deed and tax records and to transaction documents like closing statements and bank records. If the personal representative will not provide information or the filings do not add up, an interested person can ask the Clerk of Superior Court to compel a full accounting and, when property may be held by someone else, use a proceeding to discover assets. The next step is to file the appropriate request with the Clerk before the estate closes.

Talk to a Probate Attorney

If there are concerns about missing estate assets, unexplained real estate transactions, or possible tax problems while probate is pending, our firm has experienced attorneys who can help clarify what should be in the estate, what records to demand, and what options exist through the Clerk of Superior Court. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.