Probate Q&A Series

How do I file and update the estate inventory, and what records do I need to provide? – North Carolina

Short Answer

In North Carolina, the personal representative must file a sworn estate inventory with the Clerk of Superior Court, usually within 90 days after qualifying. The inventory lists all probate assets and their date-of-death values, and it must be updated if new assets are found or values change. Supporting records such as bank statements, brokerage statements, deeds, titles, and appraisals should be kept and often provided during accountings so the clerk can verify the figures.

Understanding the Problem

The question here is narrow: under North Carolina probate law, how does a personal representative file the original estate inventory, keep it current as new information appears, and what documentation must support the numbers? In a typical case, the personal representative has already published and served notice to creditors, is ready to sign an affidavit of notice to creditors, and knows that an inventory and possible updates are the next required steps before moving toward accountings and distributions. The focus is on timing, required content, and the level of records the clerk expects to see.

Apply the Law

North Carolina law requires a personal representative to file a verified inventory of the decedent’s probate property with the Clerk of Superior Court, generally within a set number of days after qualification. The inventory must list each asset and its fair market value as of the date of death, and the personal representative must later supplement that inventory if new assets appear or material valuation errors are discovered. The estate is generally administered in the county where the estate file was opened, under the supervision of the clerk, and deadlines are tied to the qualification date and subsequent reporting periods.

Key Requirements

  • Timely filing of the initial inventory: File a sworn inventory with the Clerk of Superior Court within the standard statutory time (commonly 90 days after qualification), listing all probate assets and their date-of-death values.
  • Accurate asset identification and valuation: Identify each probate asset (real and personal property) and provide a good-faith fair market value as of the date of death, using appraisers when needed.
  • Ongoing duty to update: File a supplemental inventory, or clearly report additions/changes on later accountings, when new assets are discovered or when earlier values are shown to be wrong or misleading.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate already has a company creditor identified, and required notice will be given so the personal representative can sign an affidavit of notice to creditors. Once that affidavit is ready, the same information used to notify creditors (account statements, contracts, and similar records) also helps build the 90-day inventory. As additional documents come in from the company creditor or other sources, any newly discovered assets or revised values can be handled through a supplemental inventory or clearly reflected on the next account filed with the clerk.

Process & Timing

  1. Who files: The executor or administrator (personal representative). Where: The Office of the Clerk of Superior Court in the North Carolina county where the estate is pending. What: The standard “Inventory” form provided by the clerk (often titled “Inventory of Decedent’s Estate”) listing all probate assets and values, verified and signed. When: Typically within 90 days after qualification as personal representative, unless the clerk orders otherwise.
  2. After filing, the clerk reviews the inventory, assesses the estate administration fee based on the reported personal property value, and may ask for clarification or supporting records. The personal representative continues gathering documents, pays valid claims, and maintains records of transactions in preparation for annual and final accounts.
  3. If new assets are discovered or prior values prove inaccurate, the personal representative prepares a supplemental inventory (or discloses changes on the next annual account) and files it with the clerk. At the end of administration, a final account is filed, backed by bank statements, canceled checks, receipts, and closing balances so the clerk can reconcile the estate from the inventory through final distribution.

Exceptions & Pitfalls

  • Some assets pass outside probate (for example, many joint accounts with right of survivorship or payable-on-death designations) and usually do not belong on the probate inventory, though records should still be kept in case the clerk asks questions.
  • Failing to list all known assets or using rough estimates instead of date-of-death values can lead to clerk objections, delayed approval of accounts, and in serious cases, formal hearings.
  • Not filing a supplemental inventory, or failing to clearly disclose newly discovered assets or changed values on later accounts, can create trust issues with beneficiaries and prompt closer scrutiny from the clerk.
  • Poor recordkeeping—such as missing bank statements, deposit details, or receipts for disbursements—can make it difficult to reconcile the inventory to later accounts, and may require extra trips to the clerk’s office or formal explanations.

Conclusion

Under North Carolina law, the personal representative must timely file a sworn inventory with the Clerk of Superior Court, usually within 90 days after qualifying, listing all probate assets and their date-of-death values. That duty continues as new assets are discovered or values change, through supplemental inventories or clear disclosures on later accounts. The most important step is to prepare a complete, well-documented initial inventory and file it with the clerk by the 90-day deadline.

Talk to a Probate Attorney

If an estate is moving forward and questions exist about preparing, filing, or updating a North Carolina estate inventory, our firm has experienced probate attorneys who can help explain the requirements and deadlines. 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.