Probate Q&A Series

How Do I Inventory Personal Property and Bring Real Estate into North Carolina Probate?

Detailed Answer

When someone dies with assets in North Carolina, the personal representative (the person appointed to handle the estate) must inventory all personal property and include any North Carolina real estate in the probate estate. You start by filing a petition with the Clerk of Superior Court in the county where the decedent lived—or, for out-of-state residents with North Carolina real estate, by opening an ancillary probate estate under N.C.G.S. § 28A-17.

1. Identify and Value Personal Property
Compile a list of all personal items owned by the decedent on the date of death. Typical categories include:

  • Bank and investment accounts
  • Household goods, jewelry, artwork, collections
  • Vehicles, boats, and trailers
  • Life insurance policies, retirement accounts
  • Digital assets and social media accounts

Assign a fair market value to each item as of the date of death. You can use appraisals, tax assessments or online valuation tools. North Carolina law requires you to file this inventory within 90 days after you receive letters of appointment, per N.C.G.S. § 28A-13-1.

2. Prepare Your Inventory Form
The Clerk’s office provides standard inventory forms. Record each asset, its description and value. Sign and notarize the form if the Clerk requires it. Keep a copy for your records.

3. Include North Carolina Real Estate
To bring real estate into the estate:

  • Obtain a full legal description of the property from the deed book or tax office.
  • Use an affidavit of value, if the Clerk’s office requests one.
  • List the property under the “Real Estate” section of the inventory form. Provide the fair market value at the date of death (tax value is acceptable if it reflects market conditions).

If the decedent was not a North Carolina resident but owned real estate here, you must open an ancillary probate estate in North Carolina court. You follow the same steps above but file under N.C.G.S. § 28A-17.

4. File and Serve
File your inventory and any real estate schedules with the Clerk’s office. Send copies to all interested parties, including residuary beneficiaries and creditors. Serving timely notices prevents delays and claims disputes.

Once the Clerk accepts your inventory, you can proceed with collecting assets, paying debts and distributing property under the will or North Carolina’s intestacy rules (N.C.G.S. Chapter 28A, Article 2).

Key Takeaways

  • Compile a complete list of personal property as of the date of death.
  • Assign fair market values and use the Clerk’s inventory form per N.C.G.S. § 28A-13-1.
  • Include North Carolina real estate with a legal description and value.
  • File within 90 days of appointment and serve all interested parties.
  • Nonresidents with NC real estate must open an ancillary estate under N.C.G.S. § 28A-17.

Need Help with Your North Carolina Probate?

Inventorying personal property and bringing real estate into probate can feel overwhelming. Pierce Law Group’s attorneys handle all aspects of estate administration. We’ll guide you through the inventory process, real estate filings and deadlines. Contact us today to get clear, practical advice for your probate matter:

Email: intake@piercelaw.com
Phone: (919) 341-7055