Short Answer

In North Carolina, an executor must file an inventory within three months of qualifying and must publish and file proof of notice to creditors (and mail known creditors) early in the case. If those filings are late or missing, any interested person—like a beneficiary—can petition the Clerk of Superior Court to order compliance within a set period (at least 20 days), and the clerk may remove the executor or hold them in contempt if they do not comply. The clerk can also charge the costs of the enforcement proceeding to the executor.

Understanding the Problem

In North Carolina probate, can a beneficiary force an executor who missed the deadlines to file the estate’s inventory and the creditor notices to comply through the Clerk of Superior Court? Here, the executor has not provided an inventory or account statements to beneficiaries.

Apply the Law

North Carolina law requires: (1) a 90‑day inventory after the executor qualifies, and (2) timely notice to creditors by publication plus mailing to known creditors, with proof of notice filed with the clerk when the inventory is filed. The Clerk of Superior Court (as probate judge) oversees compliance and can order the executor to file within at least 20 days, hold a show‑cause hearing, tax costs to the executor, and, if needed, remove the executor. Annual or final accounts are also required as the estate progresses.

Key Requirements

• Standing: Any interested person (e.g., a beneficiary or creditor) may ask the clerk to enforce probate filing duties.
• Missed filings: Inventory is due within 3 months of qualification; notice to creditors must be published and known creditors mailed; proof of notice is filed with the inventory.
• Petition to compel: File a verified petition or motion with the Clerk of Superior Court in the estate file asking for an order compelling the missing filings and setting a compliance deadline (at least 20 days).
• Clerk’s enforcement tools: Order to file, show‑cause hearing, civil contempt, assessment of costs to the executor, and removal with appointment of a successor if warranted.
• Ongoing accounting: If the estate remains open beyond one year, the executor must file annual accounts; failure triggers similar enforcement.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – Clerk may order filing within a set time (≥ 20 days), and remove or hold in contempt if no compliance.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing to known creditors within the stated timeframe.
• North Carolina Gen. Stat. § 28A-14-2 (Proof of notice to creditors) – Affidavits of publication/posting and mailing must be filed with the clerk, typically with the inventory.
• North Carolina Gen. Stat. § 28A-21-4 (Failure to file accounts) – Clerk orders a full account within 20 days and may remove or hold in contempt if the executor fails to comply.

Analysis

Apply the Rule to the Facts: As a beneficiary, you are an interested person who can ask the clerk to enforce the executor’s filing duties. The executor’s failure to provide an inventory and to handle creditor notice on time supports a petition to compel the inventory and proof of notice. If the executor still refuses, the clerk can schedule a show‑cause hearing and may remove the executor or hold them in contempt; costs may be charged to the executor. Your separate publication of creditor notice may help bar late claims, but the executor still must file the required affidavits and inventory.

Process & Timing

1. Who files: Any interested person (beneficiary or creditor). Where: Clerk of Superior Court, Estates Division, in the North Carolina county where the estate is pending. What: A verified petition or motion to compel the inventory and proof of creditor notice, and, if needed, to remove the executor; the clerk issues an Estate Proceeding Summons (AOC‑E‑102). Reference forms the executor must file include Inventory for Decedent’s Estate (AOC‑E‑505), Affidavit of Notice to Creditors (AOC‑E‑307), and Annual/Final Account (AOC‑E‑506). When: After the 90‑day inventory deadline passes or when creditor‑notice proof is missing; do not wait if noncompliance continues.
2. The clerk typically issues an order directing the executor to file within a set period (at least 20 days). If there is no compliance, the clerk may issue a show‑cause order and hold a hearing. Timeframes to hearing vary by county but often occur within a few weeks after the petition is filed.
3. If noncompliance persists, the clerk may remove the executor and appoint a successor. The removed executor must turn over assets and file a final account. The clerk may assess the enforcement costs against the executor.

Exceptions & Pitfalls

• The clerk may have granted the executor an extension; verify the estate file before filing your petition.
• Assets held in a revocable trust are generally not listed on the probate inventory; missing probate filings can still be compelled.
• Publication or mailing errors can extend creditor deadlines and keep claims alive; ensure the Affidavit of Notice to Creditors (AOC‑E‑307) and the newspaper affidavit are filed.
• Service matters: use the Estate Proceeding Summons (AOC‑E‑102) and serve all necessary parties; improper service can delay relief.
• If the executor cannot be located, the clerk can use streamlined removal procedures and appoint a successor.

Talk to a Probate Attorney

If you’re dealing with an executor who missed the inventory and creditor‑notice filings, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.