Detailed Answer
When a loved one dies without alerting you or sharing their estate plan, North Carolina law still gives you pathways to discover any existing will and to catalog all assets—both probate and non-probate. As personal representative (also called executor or administrator), you have a duty to locate the will, gather information about the decedent’s property, and file an inventory with the clerk of superior court. Here’s how to proceed:
Step 1: Search the Decedent’s Records and Personal Effects
Begin by examining the decedent’s home, office, safe-deposit box and digital files. Look for:
- Paper documents labeled “Will,” “Estate Plan” or “Trust”
- Correspondence from attorneys or financial advisors
- Safe-deposit box keys or bank statements
- Digital backups, USB drives or cloud-storage accounts
Step 2: Check with the Clerk of Superior Court
Under N.C. Gen. Stat. § 28A-2-1, anyone holding a self-proving will must file it with the clerk of superior court in the county where the decedent resided. Contact the clerk’s office, request a will search, and pay any applicable fee. Even if a will never entered probate, the clerk’s records will show if one was ever filed.
Step 3: Contact Professional Advisors
Attorneys, accountants, insurance agents and financial planners often keep copies of their clients’ wills or know where originals are stored. Reach out to any professionals the decedent used and request any estate planning documents.
Step 4: Communicate with Family Members and Potential Beneficiaries
Though the family did not notify you, they may know of trusts, joint-tenant properties or beneficiary-designated accounts. Ask about:
- Life insurance policies
- Retirement accounts with named beneficiaries
- Joint bank or investment accounts
- Trust agreements or transfer-on-death deeds
Step 5: Petition for Appointment if No Will Surfaces
If your efforts do not uncover a will within a reasonable time, you can petition the clerk to appoint you (or another qualified person) as administrator under North Carolina’s intestacy statutes. See N.C. Gen. Stat. § 28A-6-1. Once appointed, you obtain the legal authority to manage and distribute the estate.
Inventorying Probate and Non-Probate Assets
After locating—or confirming the absence of—a will and securing your appointment, you must file a complete inventory with the clerk within 90 days. Per N.C. Gen. Stat. § 28A-13-2, this inventory must list all property owned by the decedent at death that passes under the will or by intestacy.
Classify each item:
- Probate assets: Real estate titled solely in the decedent’s name, personal property, bank accounts titled only in the decedent’s name.
- Non-probate assets: Property passing by beneficiary designation (life insurance, IRAs, 401(k)s), joint tenancy with right of survivorship, payable-on-death accounts, and trust assets.
Assign fair-market values as of the date of death. Attach supporting documents such as deeds, account statements and policy declarations.
Checklist: Locating the Will and Inventorying Assets
- Search the decedent’s home, safe-deposit box and digital files
- Contact the clerk of superior court for a will search (§ 28A-2-1)
- Reach out to attorneys, accountants and financial advisors
- Ask family members about beneficiary-designated assets
- File a petition for administration if no will is found (§ 28A-6-1)
- Prepare and file the estate inventory within 90 days (§ 28A-13-2)
Take the Next Step
Locating a will and inventorying assets can seem overwhelming—especially when the family didn’t notify you. Pierce Law Group’s attorneys understand North Carolina probate and can guide you through every step. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.
