Dec202025
Probate Q&A Series

How do I challenge an executor’s conduct and obtain information about the estate? – North Carolina

Short Answer

In North Carolina, concerns about an executor’s actions and requests for estate information are usually handled through the Clerk of Superior Court (the probate court). An interested person can ask the clerk to require the executor to file required inventories and accountings and, in serious cases, to hold a hearing that can result in sanctions or removal. When estate property may be missing or being sold without proper reporting, a contested estate proceeding can also be used to obtain court-supervised disclosure and relief.

Understanding the Problem

Under North Carolina probate practice, can a beneficiary or other “interested person” challenge an executor’s conduct and require the executor to provide information about what is in the estate, what has been sold, and what filings have been made? The question usually comes up when the executor has possession of important estate property or documents, refuses to share the will or probate paperwork, or handles items without a clear inventory or accounting. The key trigger is whether an estate is (or should be) open with the Clerk of Superior Court and whether the executor has missed required filings or failed to provide a satisfactory account of estate activity.

Apply the Law

North Carolina law treats the executor (also called a personal representative) as a fiduciary who must administer the estate through the probate process under the supervision of the Clerk of Superior Court. The clerk has authority over the administration, settlement, and distribution of decedents’ estates, including the power to require inventories and accountings and to conduct hearings when a personal representative fails to comply. If required filings are not made, the clerk can order the personal representative to file a full and satisfactory account within a short deadline after service of the order; if the personal representative still does not comply, the clerk may impose contempt remedies and may remove the personal representative.

Key Requirements

  • Interested-person standing: The person requesting relief generally must have a recognized stake in the estate (for example, as an heir or beneficiary under a will), so the clerk has authority to act on the request.
  • A probate duty that is being ignored or mishandled: The request should tie to specific executor duties, such as filing an inventory or accounting, safeguarding estate property, or properly reporting receipts and disbursements.
  • Proper procedure before the Clerk of Superior Court: Many remedies are pursued in the estate file through the clerk, often using an order-to-file and show-cause process when inventories or accountings are overdue.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a will-based estate with a sibling acting as executor, removal of a safe containing the will and personal property, refusal to provide access to the will or filings, and sales of items without a formal inventory or accounting. Those allegations map directly to (1) an interested person’s request for information, (2) a claimed failure to safeguard and accurately report estate property, and (3) missed or inadequate probate reporting. In that situation, the Clerk of Superior Court can require the executor to file the missing inventory/accounting and can set a short deadline after service of an order; continued noncompliance can lead to a show-cause hearing and potential sanctions, including removal.

Process & Timing

  1. Who files: An interested person (commonly an heir or named beneficiary). Where: The Clerk of Superior Court (Estates Division) in the county where the estate is opened (or should be opened) in North Carolina. What: A written motion or petition asking the clerk to compel an inventory/accounting and to schedule a show-cause hearing if filings are overdue; in more serious disputes, a petition initiating a contested estate proceeding. When: As soon as there is a refusal to provide required information or a missed filing; once the clerk enters an order to account, the statute contemplates a 20-day deadline to file a full and satisfactory account after service of that order.
  2. Clerk-driven enforcement steps: In many counties, the clerk’s office uses a staged approach for overdue inventories/accountings: notice to file, then an order to file by a set date, then an order to appear and show cause, followed by a hearing. The clerk can proceed directly to a show-cause hearing in appropriate circumstances, depending on the file and local practice.
  3. Hearing and order: At a show-cause hearing, the clerk may order compliance, set deadlines, and address remedies for noncompliance. Depending on the evidence, the clerk may also address whether the executor should remain in office and what steps are needed to protect estate assets.

Exceptions & Pitfalls

  • The estate may not be open yet: If no estate file exists, the first practical step is often confirming whether probate has been opened and whether letters have been issued; the strategy can change if no executor has formally qualified.
  • Informal “updates” are not the same as a court filing: Executors sometimes provide partial information but still fail to file a proper inventory or accounting. Relief is stronger when the request is tied to the formal filings the clerk can compel.
  • Service and notice mistakes: Motions to compel filings and contested estate petitions must be properly served. Defective service can delay a hearing and can give the executor grounds to challenge the order.
  • Mixing issues into the wrong procedure: Some disputes belong in the estate file before the clerk, while others require a contested estate proceeding (and, in some cases, a separate civil action). Framing the request around probate reporting duties and protection of estate assets helps keep the case in the correct forum.

Conclusion

In North Carolina, an interested person can challenge an executor’s conduct and obtain estate information by asking the Clerk of Superior Court to enforce the executor’s probate reporting duties. The clerk can order the executor to file a full and satisfactory inventory/accounting and can set a short deadline, including a 20-day compliance period after service of an order compelling an accounting. A practical next step is to file a motion or petition in the estate file with the Clerk of Superior Court to compel the inventory and accounting and request a show-cause hearing.

Talk to a Probate Attorney

If a family member serving as executor is withholding the will, refusing to share probate filings, or selling property without a clear inventory and accounting, an attorney can help present the issues to the Clerk of Superior Court and pursue the proper court orders. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.