Probate Q&A Series

How We Protect Your Interests and Ensure a Fair Share in Estate Administration

Detailed Answer

Facing probate in North Carolina often raises concerns about fair distribution and proper handling of assets. As soon as we engage your case, we verify that the personal representative (formerly called an executor) validly qualified under North Carolina law. We check the will’s admission to probate and the oath of office to confirm the administrator has authority to act.

We then monitor every step of the administration process. North Carolina law requires the administrator to file an inventory of estate assets and periodic accountings with the clerk of court under G.S. 28A-14-1. We review those documents to confirm accurate asset valuations and legitimate expenses. If we spot errors or unauthorized transactions, we promptly file objections or motions to compel amendments.

When serious concerns arise—such as unauthorized sales, self-dealing, or delays in distribution—we pursue remedies to hold the administrator accountable. Under G.S. 28A-14-3, we can request a surcharge action, which lets the court require the administrator to reimburse the estate for any losses. If misconduct meets the standard in G.S. 28A-17-5, we petition the court to remove the administrator and appoint a successor. These tools ensure you receive the share you deserve.

Key Steps We Take to Safeguard Your Interests

  • Review estate filings and confirm proper appointment of the administrator
  • Analyze inventories and accountings under G.S. 28A-14-1 for completeness and accuracy
  • File formal objections to unauthorized expenses or distributions
  • Pursue surcharge actions against the administrator under G.S. 28A-14-3
  • Petition to remove an administrator for misconduct under G.S. 28A-17-5
  • Engage in mediation or court hearings to enforce creditor and beneficiary rights
  • Provide clear communication and regular updates through every phase of probate

Contact Pierce Law Group

Protecting your inheritance requires focused advocacy and in-depth knowledge of North Carolina probate law. Our probate team at Pierce Law Group handles these matters daily. Contact us today to discuss your rights and secure your fair share of the estate. Email intake@piercelaw.com or call (919) 341-7055.