Short Answer

In North Carolina, after you receive Letters of Administration, you must publish a notice to creditors once a week for four consecutive weeks in a qualifying local newspaper and mail notice to known or reasonably ascertainable creditors within 75 days. You then file proof of the notices with the Clerk when you file the 90-day inventory. The inventory is due within three months of qualifying and must accurately list and value estate assets as of the date of death.

Understanding the Problem

You want to know, under North Carolina probate law, how an Administrator publishes notice to creditors and files the 90-day inventory in an intestate estate. You live in New York but seek appointment in North Carolina to handle your sibling’s estate.

Apply the Law

After the Clerk of Superior Court issues Letters of Administration, North Carolina law requires two time‑sensitive tasks: (1) publish a creditor notice in a qualifying newspaper for four straight weeks and send personal notices to known or reasonably ascertainable creditors within 75 days, and (2) file a verified inventory within three months of qualifying. The Clerk (Estates Division) is the forum for these filings and reviews both the proof of notice and the inventory.

Key Requirements

• Qualify and post bond if required: Obtain Letters of Administration; a nonresident must appoint a resident process agent and usually post bond as set by the Clerk.
• Publish general notice: Run the notice once a week for four consecutive weeks in a newspaper qualified to publish legal ads in the county of administration; include a mailing address and a bar date at least three months from first publication.
• Mail personal notice within 75 days: Send a copy of the notice by personal delivery or first‑class mail to each creditor who is known or reasonably ascertainable; also notify the state Medicaid agency if the decedent received medical assistance.
• File proof with the Clerk: At the time you file the 90‑day inventory, also file the newspaper’s affidavit, a copy of the published notice, and your affidavit confirming the mailed/personal notices.
• File the 90‑day inventory: Within three months of qualifying, file a complete inventory (AOC‑E‑505) listing and valuing estate assets as of the date of death; include supporting details and update later if new assets emerge.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-14-1 (General notice by publication) – Requires weekly publication for four weeks and sets the three‑month minimum bar date.
• North Carolina Gen. Stat. § 28A-14-2 (Proof of notice) – Specifies the affidavits and proof filed with the Clerk.
• North Carolina Gen. Stat. § 28A-19-3 (Bar of claims) – Bars untimely claims based on the published date or mailed notice trigger.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory within three months) – Requires filing an inventory within three months of qualification.

Analysis

Apply the Rule to the Facts: Because you live in New York, you will first need to qualify as Administrator in the North Carolina county where your sibling died, appoint a resident process agent, and likely post bond. Even if you know of no creditors now, you must still publish the general notice and mail notice to any creditors you identify within 75 days. Your inventory must list the vehicle and any other personal property, and include real property you take into possession or list it for information as the form provides.

Process & Timing

1. Who files: The Administrator. Where: Clerk of Superior Court (Estates Division) in the North Carolina county of the decedent’s domicile. What: Apply for Letters (AOC‑E‑202); if nonresident, appoint Resident Process Agent (AOC‑E‑500) and post bond (AOC‑E‑401) as required. When: As soon as possible to begin administration.
2. Publish and mail notice: After Letters issue, submit the creditor notice to a qualifying local newspaper to run once a week for four consecutive weeks; set a claims date at least three months after the first publication and include your mailing address. Within 75 days of Letters, mail or deliver the notice to known or reasonably ascertainable creditors; notify the state Medicaid agency if applicable.
3. File proof and inventory: At three months from qualification, file your 90‑day Inventory (AOC‑E‑505). With it, file: (a) a copy of the published notice, (b) the newspaper’s affidavit of publication, and (c) your Affidavit of Notice to Creditors (AOC‑E‑307) confirming mailed/personal notices. Expect the Clerk to review bond sufficiency and deadlines.

Exceptions & Pitfalls

• Failing to mail known creditors within 75 days can jeopardize the bar of claims; keep a creditor search file and document your efforts.
• Use a newspaper qualified to publish legal notices in the county; run four consecutive weeks and set the bar date at least three months after first publication.
• Don’t forget to notify the state Medicaid agency if the decedent received medical assistance.
• File all three proofs with the inventory: copy of the notice, publisher’s affidavit, and your affidavit confirming mailed notice (AOC‑E‑307).
• Missing the 90‑day inventory deadline can trigger Clerk orders to compel and possible removal or contempt; request an extension in writing if needed.
• As a nonresident Administrator, appoint a resident process agent before Letters issue and maintain adequate bond as assets change.

Talk to a Probate Attorney

If you’re handling notice to creditors and a 90‑day inventory in a North Carolina intestate estate, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to get started.

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.