How do I file an extension for the probate inventory deadline in North Carolina?

Detailed Answer

When you serve as a personal representative in North Carolina, the court requires you to file a complete inventory of the estate’s assets within 90 days after your appointment. See N.C. Gen. Stat. § 28A-13-1. If you cannot meet that deadline, North Carolina law allows you to request more time for good cause.

To obtain an extension, you must prepare a verified motion (often called a petition) asking the clerk of superior court to enlarge the filing deadline. Under N.C. Gen. Stat. § 28A-13-2, the clerk may grant additional time if you show valid reasons, such as difficulty obtaining valuations or waiting on documents from financial institutions.

File your petition before the original 90-day deadline expires. Include these key elements:

• Your name and role as personal representative.
• The estate’s file number and case caption.
• A clear statement of the current inventory deadline.
• The length of the extension you’re requesting.
• Specific reasons you need more time.
• A certificate of service showing you’ve notified all interested parties.

After you file, the clerk may schedule a hearing or decide on the papers alone. If the court grants your request, you’ll receive an order with a new deadline. Make sure you file the complete inventory by that date. Missing the extended deadline can lead to personal liability under N.C. Gen. Stat. § 28A-13-4.

Step-by-Step Checklist for Filing an Extension

1. Review the original inventory deadline (90 days after appointment).
2. Confirm the requirements under N.C. Gen. Stat. § 28A-13-2.
3. Draft a verified motion to enlarge time. Include your role, case details, current deadline, requested extension period and reasons.
4. Prepare a certificate of service for all heirs, beneficiaries and interested creditors.
5. File the motion and certificate of service with the clerk of superior court before the 90-day period ends.
6. Attend any hearing if the clerk schedules one; explain your need for more time.
7. Obtain the signed order granting the extension and note the new deadline.
8. Complete and file your inventory by the court’s amended deadline.

Conclusion & Next Steps

Filing a timely extension request protects you from potential liability and keeps the probate process on track. Pierce Law Group has experienced estate administration attorneys ready to guide you through each step. For personalized assistance, email us at intake@piercelaw.com or call us at (919) 341-7055.