Short Answer

In North Carolina, the personal representative may distribute remaining estate cash to the heir only after paying valid claims, expenses, and required taxes, and after the creditor claim period has run. You then file a Final Account with the Clerk of Superior Court showing a zero bank balance, with bank statements and vouchers attached. Once the Clerk approves the Final Account, the estate can be closed and you are discharged.

Understanding the Problem

In North Carolina, can an executor who is also the sole heir close the estate checking account and transfer the remaining balance to themselves, and what must be shown to the Clerk of Superior Court to complete the estate? Here, you’ve paid several credit-card claims and need bank statements showing a zero balance to close.

Apply the Law

Under North Carolina probate rules, the personal representative must: (1) publish and give the required creditor notices, (2) collect assets and pay valid claims in the statutory order, (3) satisfy taxes and expenses, and then (4) distribute the net balance to beneficiaries. Final and annual accounts are audited by the Clerk of Superior Court, who expects vouchers, receipts, and bank statements that reconcile to a zero cash balance at closing. You file the Final Account in the county where you qualified. A Final Account is due by statute on a timeline keyed to your qualification date (or estate fiscal year) and, when applicable, any pre-2013 estate tax release.

Key Requirements

• Wait for the claim period and pay claims: Publish notice to creditors, allow at least three months to run, and pay valid claims in the statutory order before making distributions.
• Document every dollar: Keep vouchers for payments (canceled checks, paid bills) and receipts for distributions; use the Receipt form for beneficiaries.
• Prepare a compliant Final Account: Use AOC-E-506 to show all receipts and disbursements and reconcile to a zero balance at period end.
• Prove the zero balance: Attach bank statements for the estate account through the closing date that show a $0 balance.
• File on time or extend: File the Final Account by the statutory deadline or, if the estate must remain open, file an Annual Account and seek extensions when needed.
• Handle tax and business items: Obtain an EIN, value business interests, and complete decedent and estate income tax filings before final distribution.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-21-2 (Final accounts) – Sets deadlines for filing the Final Account and permits early filing once debts are paid after the claim period.
• North Carolina Gen. Stat. § 28A-21-1 (Annual accounts; vouchers) – Requires annual or final accounts with supporting vouchers and allows the Clerk to audit them.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires published notice to creditors and sets the minimum claim period.
• North Carolina Gen. Stat. § 28A-19-6 (Priority of claims) – Establishes the statutory order for paying claims and expenses.

Analysis

Apply the Rule to the Facts: You, as executor and sole heir, may transfer the remaining funds to yourself after the three-month creditor period has run, all valid credit-card claims and expenses are paid, and tax obligations are addressed. Document those payments with vouchers, then write a distribution check to yourself, sign a beneficiary receipt, close the estate account, and obtain the final bank statement showing a zero balance. File your AOC‑E‑506 Final Account with vouchers, receipts, creditor notice affidavits, and the zero-balance statement for the Clerk’s audit.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court (Estates Division) in the county of qualification. What: Final Account (AOC‑E‑506) with vouchers, beneficiary Receipt(s) (AOC‑E‑521), Affidavit of Notice to Creditors (AOC‑E‑307), and, if the decedent died before 2013, Estate Tax Certification (AOC‑E‑212). When: By the later of one year after qualification, six months after any required estate-tax release (pre‑2013 decedents), or the 15th day of the fourth month after your selected estate fiscal year closes.
2. Before filing, make all final disbursements, write the distribution check to yourself as sole heir, close the estate account, and obtain bank statements through the closing date showing a $0 balance. Consider asking the Clerk for an informal pre‑audit to confirm the account package is complete.
3. The Clerk audits the filing. If satisfactory, the Clerk approves the Final Account and enters the closing order discharging you from further liability as personal representative.

Exceptions & Pitfalls

• Distributing too early risks personal liability if later claims or taxes surface; wait for the creditor period to expire and keep a reserve for final costs until checks clear.
• Missing vouchers or beneficiary receipts can delay approval; keep canceled checks, paid invoices, and signed AOC‑E‑521 receipts for all distributions, even to yourself.
• Bank fees can prevent a zero balance; ensure final checks clear, then close the account and obtain statements through the $0 date.
• Business interests require valuation and tax reporting; include EIN documentation and any income in the estate’s accounting and file necessary fiduciary income tax returns.
• If the estate stays open beyond a year, file an Annual Account on time or request an extension to avoid compliance actions by the Clerk.

Talk to a Probate Attorney

If you’re handling final distributions and closing an estate account, our firm has experienced attorneys who can help you understand your options and timelines. 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.