Probate Q&A Series

What assets and paperwork do I need to locate to complete an estate inventory? – North Carolina

Short Answer

In North Carolina, the court‑appointed personal representative files an inventory within three months of qualifying. You must list all probate assets and certain assets that can be reached to pay claims, with fair‑market values as of the date of death, and attach enough detail to verify those values. Expect to provide deeds, tax and mortgage info for real property; titles/VINs and values for vehicles; bank and brokerage statements; business records; and documentation for debts. If you find more later, you file a supplemental inventory.

Understanding the Problem

In North Carolina, what must I, as the would‑be administrator, gather to file the 90‑day estate inventory with the Clerk of Superior Court when the decedent died without a will? One key fact here: the estate includes a paid‑off home, a mortgaged home, and business vehicles, but some paperwork is missing.

Apply the Law

North Carolina requires the personal representative (administrator for an intestate estate) to file a verified inventory within three months after qualification in the county where the decedent was domiciled. The inventory must identify and value, as of the date of death, (1) property of the estate; and (2) property that can be added back to the estate if needed to pay claims. Real property is described in the inventory and may be administered or sold if needed for debts. You may use appraisers, and you must supplement the filing if you later discover assets or need to correct values. The Clerk of Superior Court reviews sufficiency and may require supporting documents.

Key Requirements

  • Identify the right assets: List probate assets and any assets that can be reached to pay claims; exclude nonprobate assets that pass by beneficiary designation unless used to pay claims.
  • Use date‑of‑death values: Report fair‑market value as of the date of death; you may list “undetermined” temporarily while an appraisal is pending and then supplement.
  • Provide full descriptions: For bank/brokerage accounts, provide institution, type, and balance as of death (bring statements for the Clerk if asked, but do not put full account numbers on the form). For vehicles, list VIN, title number, make/model, and value; for real estate, include address, brief legal description, and tax/PIN.
  • Document liens and debts: Show mortgages, vehicle liens, and other encumbrances separately; keep payoff and loan statements.
  • Include business interests: If the decedent owned a business or business vehicles, list either the vehicles (if titled in the decedent’s name) or the ownership interest with supporting financials.
  • Publish and file notice to creditors: Publish promptly after qualification and file the affidavit of publication with the inventory; mail notice to known creditors.
  • Expect fees and possible bond: The inventory triggers the estate fee based on personal property value; bonds are often required in intestate estates and may be adjusted once values are known.

What the Statutes Say

Analysis

Apply the Rule to the Facts: For the paid‑off and mortgaged homes, list each parcel with address and a brief legal description or PIN and show the mortgage balance for the encumbered home. For the business vehicles with missing paperwork, list each vehicle by VIN, title number if known, make/model, and a reasonable date‑of‑death value; you can request duplicate titles later and supplement if numbers change. Because this is an intestate estate with adult and one minor heir, publish and mail creditor notices, and anticipate a bond and later guardianship of the estate for the minor before any distribution.

Process & Timing

  1. Who files: The administrator or collector. Where: Clerk of Superior Court in the county of the decedent’s domicile in North Carolina. What: Inventory for Decedent’s Estate (AOC‑E‑505) with supporting documents (statements as of date of death, deeds/tax cards, lien/loan statements, VIN/title info, business records). When: File within three months after you qualify; publish creditor notice promptly and file the affidavit of publication with the inventory.
  2. Clerk review: The Clerk may request added detail (for example, bank statements, appraisals, or clearer real property descriptions). If values are pending, file and then submit a supplemental inventory when appraisals come in. Timeframes vary by county.
  3. After inventory: When the creditor claims window closes, begin paying allowed claims and expenses from the estate account and proceed to the annual or final accounting (AOC‑E‑506).

Exceptions & Pitfalls

  • Nonprobate vs. probate: Do not inventory assets that pass by beneficiary designation or survivorship unless needed to pay claims; list solely owned accounts, personal property, and the decedent’s real estate interest with proper classification.
  • Real property details: Include address and a brief legal description/PIN; list mortgages separately. If sale is needed to pay debts, additional court steps may be required.
  • Missing vehicle papers: You can inventory with VIN and value even if the paper title is missing; request duplicate titles later. If vehicles are titled to a business entity, inventory the ownership interest instead.
  • Business records: Gather operating agreements, recent financials, and titles for any business‑titled equipment to support values.
  • Minor heir: A minor’s share cannot be paid directly; plan for a guardian of the estate through the Clerk before any distribution.
  • Bonds and fee planning: Bond may increase once true values are known; the inventory fee is paid from estate funds. If you must advance costs, keep receipts to seek reimbursement through the estate accounting.
  • Notice traps: Mail notice to known creditors (including, when applicable, Medicaid estate recovery) to start their claim deadline. Failure to give notice or to file the inventory can lead to court orders, removal, or contempt.

Conclusion

To complete a North Carolina estate inventory, the administrator must list and value all probate assets—and certain recoverable assets—as of the date of death, with clear descriptions and documents to support those values. Gather deeds and mortgage data, bank and brokerage statements, vehicle VINs/titles and values, and business records, then publish creditor notice and file the affidavit. File the Inventory (AOC‑E‑505) with the Clerk of Superior Court within three months after you qualify.

Talk to a Probate Attorney

If you’re dealing with locating assets and paperwork for a North Carolina estate inventory, our firm has experienced attorneys who can help you understand your options and timelines. 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.