Probate Q&A Series

What are the responsibilities of an estate executor regarding asset security?

Detailed Answer

When a loved one passes away, the court appoints an estate executor—also called a personal representative—to manage the decedent’s assets. In North Carolina, an executor must secure, preserve, and account for estate property. You carry this duty from the moment the clerk of superior court issues your letters testamentary until you complete distribution of the estate.

To begin, qualify as executor by taking your oath and posting any required bond. North Carolina law requires you to file this paperwork promptly. See N.C. Gen. Stat. § 28A-13-3.

Next, locate and gather assets. Drive by real property to check for damage. Change locks if needed. Secure vehicles, jewelry, and important documents. Notify financial institutions and place holds on accounts to prevent unauthorized withdrawals.

Within 90 days of appointment, file an inventory and appraisement of every asset under N.C. Gen. Stat. § 28A-13-10. This inventory forms the basis for later accounting to beneficiaries and creditors.

Maintain and safeguard property until distribution. Keep real estate insured. Store personal items in a secure location. Open a dedicated estate bank account to receive funds, pay bills, and avoid mixing estate funds with your own.

Throughout administration, you must exercise reasonable care and good judgment. If you sell assets, follow the procedures under N.C. Gen. Stat. § 28A-14-1. Finally, prepare a final accounting to show how you collected, managed, and distributed every asset. Once beneficiaries approve, you file a release with the clerk’s office to close the estate.

Key Responsibilities of an Estate Executor Regarding Asset Security

  • Qualify by taking an oath and posting bond (§ 28A-13-3)
  • Locate, collect, and secure real and personal property
  • Change locks, insure real estate, and protect valuables
  • Open a separate estate bank account; avoid commingling funds
  • File detailed inventory and appraisement within 90 days (§ 28A-13-10)
  • Maintain accurate records of receipts, expenses, and distributions
  • Follow statutory sale procedures for estate assets (§ 28A-14-1)
  • Prepare and file a final accounting to close the estate

Contact Pierce Law Group

Handling estate administration and asset security can feel overwhelming. Pierce Law Group’s attorneys guide you through every step. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055.