Is an Itemized Inventory of a Decedent’s Personal Property Required Before Starting North Carolina Probate?
Detailed Answer
In the State of North Carolina, you do not need to prepare and file an itemized inventory of a decedent’s personal property before you petition the court to open probate. The probate process begins when someone—often a spouse, child, or named executor—files a petition for probate or for appointment as personal representative. The clerk of superior court then issues letters testamentary or letters of administration, which grant legal authority to handle the estate.
Once appointed, the personal representative must locate, manage, and preserve all estate assets. North Carolina law requires the representative to file an inventory after appointment—typically within 90 days. Specifically:
- G.S. 28A-13-3 mandates that a personal representative “take possession of the estate and file an inventory.”
- G.S. 28A-13-6 and G.S. 28A-13-10 require the inventory to be verified and filed within 90 days of appointment, unless the court grants an extension for good cause.
Filing an inventory early helps the court and interested parties understand the estate’s value. It also sets a deadline for distribution of assets and payment of debts. However, the absence of a complete, itemized list should not delay your initial filing for probate. You can gather documentation of bank statements, real estate deeds, and asset valuations while the court reviews your petition.
If you miss the 90-day deadline, the court may impose sanctions or require you to show cause. To avoid complications, work with an attorney who can guide you through asset identification, valuation, and the inventory process under North Carolina law.
Key Points to Remember
- No inventory is required to start the probate filing in North Carolina.
- The personal representative must file an itemized inventory within 90 days of appointment (G.S. 28A-13-6; G.S. 28A-13-10).
- An inventory lists all personal property, real estate, bank accounts, investments, and other assets of the decedent.
- Extensions are possible but require court approval and a showing of good cause.
- Missing the inventory deadline can lead to court sanctions or removal as personal representative.
Need Help with Probate Inventory?
Probate involves strict deadlines and detailed documentation. At Pierce Law Group, our attorneys guide personal representatives through every step of the process. Contact us today to ensure your duties meet North Carolina law and protect your loved one’s legacy.
Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
