How do I correct the inventory if I find missing assets after I sign it? – North Carolina

Short Answer

In North Carolina, an estate inventory can be corrected after it is signed and filed. When a personal representative later discovers property that was left out, or learns that a value or description was wrong, the usual fix is to file a supplemental inventory with the Clerk of Superior Court (Estates). The key is to update the court record promptly and keep supporting documentation in case the clerk requests it.

Understanding the Problem

In a North Carolina probate estate, can a personal representative correct an estate inventory after signing it if additional assets are discovered later, and what filing is used to update what the Clerk of Superior Court has on record?

Apply the Law

North Carolina requires a personal representative (executor or administrator) to file an inventory with the Clerk of Superior Court after qualification. The inventory is meant to be complete and detailed based on what is known at the time, but the law also recognizes that assets can be discovered later or that values and descriptions can change as better information becomes available. When that happens, the personal representative generally updates the court file by submitting a supplemental inventory in the same manner as the original inventory.

Key Requirements

Identify what changed: The update should clearly show what asset was missing (or what value/description was incorrect) and provide enough detail for the clerk to understand what is being added or corrected.
Use date-of-death values when required: Inventory values are typically based on fair market value as of the date of death, and appraisals may be used when needed.
File the correction with the Estates office: The correction is made by filing with the Clerk of Superior Court (Estates) in the county where the estate is open, following the same filing approach used for the original inventory.

What the Statutes Say

N.C. Gen. Stat. § 35A-1263.1 (Supplemental inventory) – Requires a supplemental inventory when later-discovered property exists or when an earlier value/description was erroneous or misleading (this statute is in the guardianship chapter, but it reflects the same practical concept used in probate filings: supplement the inventory when new property is found).

Analysis

Apply the Rule to the Facts: The facts describe an inventory that has been sent to the personal representative but has not yet been signed and returned. If missing assets are discovered before signing, the cleanest approach is to update the inventory before it is notarized and filed so the first filing is as complete as possible. If additional assets are discovered after signing and filing, the usual correction is a supplemental inventory (or another clerk-approved update) that adds the missing items and corrects any inaccurate values or descriptions.

Process & Timing

Who files: The personal representative (executor/administrator). Where: The Clerk of Superior Court (Estates) in the county where the estate is open in North Carolina. What: A corrected inventory before filing, or a supplemental inventory after filing (often using the same inventory format the clerk accepts for the original filing). When: The initial inventory is generally due within three months after qualification, and corrections should be filed promptly after the missing asset is discovered.
Support the change: Gather statements, titles, account printouts, or appraisal information that shows what the asset is and supports the date-of-death value. If an appraisal is used, keep the appraiser’s information consistent with what the clerk expects to see on the inventory.
Update related filings: Make sure the added asset is also reflected later in the estate’s annual or final accounting so the inventory and accounting tell the same story.

Exceptions & Pitfalls

Waiting to “fix it later”: Clerks often expect the inventory to be as complete as possible, and delays can trigger notices to file or show-cause procedures if the inventory is late or remains incomplete.
Not enough detail: Vague entries (for example, listing “bank account” without identifying details) can cause the clerk to reject the filing or request more information.
Mixing up probate vs. non-probate assets: Some assets pass outside the estate (for example, certain beneficiary-designated accounts). Misclassifying assets can create inventory errors and later accounting problems.

Conclusion

In North Carolina, an estate inventory can be corrected if missing assets are discovered after it is signed and filed. The usual method is to file a supplemental inventory with the Clerk of Superior Court (Estates) that adds the omitted property or corrects an inaccurate value or description. The most important practical step is to update the inventory promptly—especially because the initial inventory is generally due within three months after qualification—by filing the corrected or supplemental inventory with the clerk in the county where the estate is open.

Talk to a Probate Attorney

If a probate inventory needs to be signed, notarized, filed, or corrected because assets were missed, our firm has experienced attorneys who can help explain the options and timelines and coordinate the right filing with the Clerk of Superior Court. 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.