Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order the estate administrator to file a complete and accurate inventory (or a supplemental inventory) and to enforce that order. If they miss the deadline or omit assets like real estate, the clerk can hold a hearing, order compliance within at least 20 days, and, if needed, remove the administrator or use contempt powers. You may also start an estate proceeding to examine the administrator and others under oath to identify and recover assets.

Understanding the Problem

You want to know how, in North Carolina probate, you can compel the current estate administrator to file a complete inventory that includes all estate assets, specifically a large tract of family land. The administrator (your relative) filed or controls the estate but has not fully disclosed assets. You need a practical path to force a correct inventory through the Clerk of Superior Court.

Apply the Law

North Carolina requires a personal representative (administrator or executor) to file a sworn inventory within three months of qualifying and to supplement it when new assets are found or corrections are needed. The Clerk of Superior Court oversees compliance, can order the filing of an inventory within a set period (not less than 20 days), and may remove or hold the representative in contempt for noncompliance. If assets are concealed or disputed, any interested person may seek an estate proceeding to examine those believed to hold estate property and to order its recovery. A former agent under a power of attorney can also be compelled to account, which often reveals missing assets for the estate inventory.

Key Requirements

• Standing (Interested Person): You must be an “interested person” (for example, spouse, heir, or beneficiary) to petition the clerk for relief.
• Inventory Duty and Timing: The administrator must file an accurate inventory within 3 months of qualification and update it when additional assets or corrections arise.
• Clerk’s Enforcement: The clerk may issue an order to file or show cause, set a compliance deadline of at least 20 days, hold a hearing, and, if needed, remove the administrator or use contempt powers.
• Discovery of Assets: You may initiate an estate proceeding to examine the administrator and third parties believed to hold estate property and to order recovery.
• Real Property Specifics: Real estate should be accurately described in the inventory; the administrator can seek possession via special proceeding if needed for administration.
• Former Agent Accounting: After death, the former agent under a power of attorney can be compelled to account, which can uncover pre‑death transfers affecting the inventory.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-2 (Order to file inventory) – Clerk may order a full inventory within a set time (not less than 20 days) and enforce by removal or contempt.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – Requires filing when new assets are found or prior entries are erroneous or misleading.
• North Carolina Gen. Stat. § 28A-15-12 (Recovering estate property) – Allows an estate proceeding to examine persons believed to hold estate property and to order recovery.
• North Carolina Gen. Stat. § 32C-1-116 (POA proceedings) – Permits proceedings to compel an agent’s accounting and determine the agent’s authority.

Analysis

Apply the Rule to the Facts: As a spouse, you are an interested person and can ask the clerk to order your relative (the administrator) to file a complete inventory that includes the large land with a proper description and value. Because the land was transferred into the administrator’s name, you can seek an estate proceeding to examine them and any third parties under oath and request an order to recover estate property if warranted. If they fail to comply with the clerk’s order to file a full or supplemental inventory, you can request removal or contempt.

Process & Timing

1. Who files: An interested person (e.g., spouse). Where: Clerk of Superior Court (Estates Division) in the county where the estate is pending. What: Petition/motion to compel inventory or supplemental inventory; request an order to show cause and an examination of persons believed to hold estate property; request adjustment of bond if needed. Reference forms the clerk may use include Inventory for Decedent’s Estate (AOC‑E‑505), Order to File Inventory or Account (AOC‑E‑502), and Order to Appear and Show Cause (AOC‑E‑503). When: Inventory is due within 3 months of qualification; the clerk’s compliance order sets at least a 20‑day deadline.
2. Ask the clerk to set a hearing. At the hearing, request: (a) a complete or supplemental inventory listing the land with a clear legal description and date‑of‑death value; (b) an examination under oath of the administrator and relevant third parties (banks, Register of Deeds, tax office); and (c) delivery or accounting for estate records and property.
3. If noncompliance continues, request remedies: removal of the administrator, contempt enforcement, and appointment of a successor. For disputed real estate transfers, consider a separate action in superior court to set aside the deed or impose a constructive trust while keeping the asset listed or noted as “disputed” in the inventory.

Exceptions & Pitfalls

• Real property nuances: Title to real estate generally vests in heirs or devisees at death, but it should still be accurately identified in the estate filings; the administrator can seek possession by special proceeding if needed for administration.
• Pre‑death transfers by a former agent: If your relative used a power of attorney to deed land to themselves, the clerk can compel an accounting, but undoing the deed usually requires a separate superior court action.
• Service and notice: An estate proceeding to examine persons and to compel filings must follow estate‑proceeding notice and service rules; missing service can delay relief.
• Bond sufficiency: If assets are at risk, ask the clerk to increase the administrator’s bond to protect the estate.

Conclusion

To compel a correct inventory in North Carolina, file with the Clerk of Superior Court to order the administrator to submit a complete or supplemental inventory that includes the large land and to examine them under oath about missing assets. The clerk can require filing within at least 20 days and enforce compliance by removal or contempt. Your next step is to petition the clerk in the estate file for an order compelling a full, accurate inventory and an examination of persons holding estate property.

Talk to a Probate Attorney

If you’re facing an incomplete estate inventory or missing real estate, 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.