Short Answer

In North Carolina, you can review the court’s estate file at the Clerk of Superior Court and ask the personal representative (executor/administrator) to correct errors or omissions. If that does not happen, you may file an estate proceeding asking the clerk to order a supplemental inventory, an amended account, or other corrective relief, and the clerk can compel compliance and audit the filings. If you receive formal notice of a final account, you generally have 30 days to object; serious failures can support removal of the personal representative.

How North Carolina Law Applies

North Carolina law requires the personal representative (PR) to file a sworn inventory of estate assets within three months of qualifying and to file annual and final accounts showing all receipts and disbursements. The clerk audits these filings. If assets were left off, values are wrong, or transactions are unclear, the PR can (and often should) fix the record by filing a supplemental inventory or a corrected/amended account. When a PR does not correct problems voluntarily, any “interested person” (such as an heir, devisee, or creditor) may start an estate proceeding before the clerk asking for orders to compel accurate filings, set deadlines, and, if needed, impose consequences for noncompliance.

Example: If a brokerage account your father owned is missing from the 90‑day inventory, you can first request in writing that the PR file a supplemental inventory adding the account. If there’s no response, you can petition the clerk to order the PR to file a supplemental inventory within a set time and to produce supporting documents. The clerk can hold a hearing, audit the filings, and order corrective steps. If a final account is filed and you’re formally served with notice, you must object in writing within 30 days or the account can be deemed accepted as to you.

Key Requirements

• Who can act: You must be an “interested person” (heir, devisee, or creditor) to ask the clerk for relief. The PR has the duty to file complete and accurate inventories and accounts and may use a supplemental inventory to correct omissions or valuation errors.

• What needs fixing: Common issues include omitted assets, incorrect date‑of‑death values, missing vouchers/receipts in an account, or distributions inconsistent with the will or intestacy rules. The clerk’s audit looks for proof that all listed assets are accounted for and that disbursements and distributions are supported and lawful.

• How to raise it: File a petition in the existing estate case (an “estate proceeding”) stating the facts, what is wrong or missing, and the specific relief you want (e.g., order for supplemental inventory, amended account, deadlines, production of documents, or removal for cause). Name the PR and any necessary parties as respondents.

• Notice and service: Respondents must be served with an Estate Proceeding Summons according to Rule 4 service. The clerk will set a hearing after time to respond passes.

• Objections to accounts: If the PR formally serves you with notice of a final account, you typically have 30 days from service to file written objections; otherwise, you may be deemed to accept it.

Process & Timing

1. Review the file: Visit or contact the Clerk of Superior Court in the county where the estate is administered. Ask for copies of the inventory (90‑day), any supplemental inventory, annual accounts, and the final account. Note missing assets, valuation problems, or unsupported transactions.

2. Request voluntary correction: Write the PR (and their attorney if represented) identifying the issues and asking for a supplemental inventory or amended/corrected account with supporting documents (statements, appraisals, receipts).

3. File an estate proceeding if needed: If problems remain, file a petition in the estate asking the clerk to order corrective filings, set a deadline (often 20 days), and require supporting documentation. Ask for an audit of the filings and any other needed relief.

4. Service and hearing: The clerk issues an Estate Proceeding Summons. Serve respondents under Rule 4. After the response period, the clerk sets a hearing. The clerk can require a supplemental inventory, compel an accounting, and enforce orders, including show‑cause and contempt.

5. Clerk audit and orders: At the hearing, present your evidence (asset statements, tax bills, appraisals, emails). The clerk can order the PR to correct filings, produce vouchers, or amend distributions. Repeated failure to comply can support removal.

6. Object to a final account promptly: If you’re served with notice of the final account, file written objections within 30 days of service to preserve your rights. The clerk will schedule a hearing on the objections.

7. Appeal if necessary: An aggrieved party may appeal a clerk’s order to Superior Court by filing a notice of appeal within the statutory deadline (generally 10 days from service of the order). The superior court reviews the clerk’s findings and conclusions based on the record.

What the Statutes Say

• G.S. 28A-2-1 (Clerk’s jurisdiction over estates) — Gives the clerk original jurisdiction to oversee administration, settlement, and distribution, including hearings on estate proceedings.
• G.S. 28A-2-6 (Estate proceedings procedure) — Explains how to start an estate proceeding by petition, required parties, service, responses, and hearings before the clerk.
• G.S. 28A-20-1 (Inventory due in three months) — Requires the PR to file the sworn inventory within three months of qualification.
• G.S. 28A-20-2 (Order to file inventory; show‑cause) — Authorizes the clerk to order the PR to file the inventory on a deadline and to set a show‑cause hearing if the PR fails to comply.
• G.S. 28A-20-3 (Supplemental inventory) — Allows updates and corrections to the inventory to report newly discovered assets or fix valuation errors.
• G.S. 28A-21-1 (Annual accounts) — Requires annual accounts while estate assets remain under the PR’s control.
• G.S. 28A-21-2 (Final account and timing) — Sets the deadline for the final account and authorizes extensions; the clerk audits and may approve accounts.
• G.S. 28A-21-4 (Order to account; enforcement) — Lets the clerk or any interested party move to compel a “full and satisfactory account” within 20 days; noncompliance can lead to removal or contempt.
• G.S. 28A-21-6 (Notice of final accounts) — If a PR serves notice of the final account under Rule 4, a served heir/devisee who does not object within 30 days is deemed to accept the accounting.
• G.S. 28A-9-1 (Revocation of letters after hearing) — Lists grounds to remove a PR for default or misconduct impacting fair administration.
• G.S. 28A-15-12 (Discovery of assets) — Authorizes a proceeding to examine persons believed to hold estate property; typically used by the PR, and the clerk can direct appropriate relief.
• G.S. 1-301.3 (Appeals from the clerk) — Provides the process and standard of review for appealing a clerk’s estate order to Superior Court, including a short deadline to file the notice of appeal.
• G.S. 7A-307 (Court costs in estates) — Sets filing fees, including for estate proceedings.

Exceptions & Pitfalls

• Do not wait after service of a final account: If you are formally served with notice of the final account, you generally must object within 30 days or your silence may be treated as acceptance as to you.

• Local practice varies: Many clerks use a stepped enforcement approach—notice to file, order to file, then show‑cause—but the statutes allow the clerk to proceed directly to an order and hearing. Follow the deadlines in any order you receive.

• Money damages vs. clerk’s authority: The clerk can audit, compel filings, and remove a PR. Claims for money damages against a PR for breach of fiduciary duty are typically brought in Superior Court. You can ask the clerk for corrective administrative relief while pursuing damages in court if needed.

• Standing and service: Make sure you have standing as an interested person and that all required respondents are properly served under Rule 4; improper service can delay relief.

• Proof matters: Bring bank statements, appraisals, tax bills, closing statements, and receipts to support your position. The clerk’s audit expects vouchers and documentation for disbursements and distributions.

Helpful Hints

• Start with a written, dated request to the PR that identifies the specific error or omission and the correction you want; attach proof to make it easy to fix.
• Ask the PR to file a “supplemental inventory” to add omitted assets or correct values instead of waiting to fix it in a later account.
• If you believe an asset exists, collect basic identifiers (last four digits of an account, institution name, parcel ID) to help the clerk order targeted corrections.
• Keep a timeline of filings and court notices so you do not miss any objection or appeal deadlines.
• Be courteous with the clerk’s office; they can provide forms and scheduling information, but they cannot give legal advice.

Talk to a Probate Attorney

If you’re dealing with missing assets, bad valuations, or incomplete accountings in a North Carolina estate, our firm can help you evaluate options, file the right petition, and meet deadlines. 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.