What can I do if the estate has been left open for a long time and I think the executor is mishandling assets or debts? – North Carolina

Short Answer

In North Carolina, an “interested person” (such as an heir or beneficiary) can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file missing or corrected estate inventories and accountings, and the Clerk can enforce those duties. If the records suggest mishandling—such as commingling, self-dealing, or failure to act with reasonable care—North Carolina law allows the executor to be held financially responsible for losses and, in serious cases, removed. The fastest first step is usually a written request or motion in the estate file asking the Clerk to compel an accounting and set a deadline.

Understanding the Problem

In North Carolina probate, the key question is what options exist when an executor keeps an estate open for an unusually long time and there are concerns that estate property, debts, or paperwork are not being handled correctly. The decision point is whether the executor is meeting the basic duties of estate administration—_toggle: collecting assets, paying valid debts in the proper order, and distributing what remains_—and whether the probate file shows timely inventories and accountings. The main forum for addressing these concerns is the Clerk of Superior Court in the county where the estate is administered.

Apply the Law

North Carolina treats an executor (also called a “personal representative”) as a fiduciary. That means the executor must manage estate property for the benefit of the estate and the people entitled to it, not for personal advantage. A long-open estate is not automatically wrongdoing, but it often raises practical red flags: missing inventories, missing annual accounts, unclear handling of real estate income/expenses, or unpaid claims that never get resolved. The Clerk of Superior Court supervises required filings and can order an executor to correct problems, and North Carolina law also allows financial liability when the executor’s conduct causes loss to the estate.

Key Requirements

Fiduciary management of assets: The executor must locate and safeguard estate assets, keep good records, and handle property in a prudent, good-faith way rather than mixing estate funds with personal funds or using estate assets for personal benefit.
Proper handling of debts and expenses: The executor must identify valid debts and expenses and pay them appropriately before making final distributions, with documentation supporting payments.
Required probate reporting: The executor generally must file an inventory and then file accountings (annual and final) that show receipts, disbursements, and distributions, supported by proof such as receipts and canceled checks or other vouchers.

What the Statutes Say

N.C. Gen. Stat. § 28A-13-10 (Liability for breach of duty) – explains when a personal representative can be held liable for losses to the estate, including issues like commingling, self-dealing, and failure to act with reasonable care and good faith.
N.C. Gen. Stat. § 28A-21-1 (Personal representative accounts) – requires the filing of accounts in estate administration and supports the Clerk’s oversight of those filings.
N.C. Gen. Stat. § 28A-21-2 (Audit of accounts) – describes the Clerk’s role in auditing and reviewing annual and final accounts.

Analysis

Apply the Rule to the Facts: The facts describe a long-open estate with concerns about multiple properties, debts, and possible non-estate assets (like life insurance), plus a dispute about who has rights to occupy a family property. Those facts line up with the core fiduciary requirements: (1) the executor must accurately identify what is and is not an estate asset, (2) the executor must document receipts and payments and account for them in the probate file, and (3) the executor must avoid self-dealing—such as treating estate property as personal property—unless the will and the law clearly allow it. A Clerk-supervised accounting review is often the most direct way to test whether the estate records match what happened in real life.

Process & Timing

Who files: an heir, beneficiary, creditor, or other “interested person.” Where: the estate file at the Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is open. What: a request or motion asking the Clerk to require the executor to file missing inventories/accountings or to file a corrected, complete accounting with supporting documentation. When: as soon as there are signs of missing filings, unexplained delays, or suspected misuse of estate funds.
Clerk review and enforcement: the Clerk can set deadlines for filings and can require the executor to provide the information needed to audit the account (for example, proof supporting disbursements and distributions). If the executor does not comply, the Clerk has tools to enforce compliance, which can include contempt proceedings and, in appropriate cases, removal.
Escalation if misconduct appears: if the accounting shows losses tied to self-dealing, commingling, or lack of reasonable care, the next step is typically a petition seeking remedies such as surcharge (financial responsibility), restrictions on the executor’s powers, or removal and appointment of a successor personal representative.

Exceptions & Pitfalls

Not everything is an “estate asset”: some items commonly suspected in disputes—like life insurance with a named beneficiary—often pass outside probate. The executor still must be accurate about what belongs in the estate inventory and what does not.
Real estate expenses can be mishandled: a frequent accounting problem is paying expenses (or depositing rent) for real property that passes directly to heirs/devisees rather than being needed to pay estate claims. That can create disputes about who should pay what and whether estate funds were used improperly.
Occupancy disputes are not always “probate-only”: whether someone must move out of a property can depend on title, the will, and whether the property is part of the probate estate. A demand to vacate does not automatically prove wrongdoing, but it is a reason to confirm ownership and authority through the estate file and recorded deeds.
Paperwork gaps create leverage for the wrong side: informal agreements, cash payments, and missing receipts make it harder to prove mismanagement. Preserving documents (bank statements, repair invoices, insurance bills, rent records, and communications) matters.
Waiting can increase costs: the longer the delay, the more likely records are lost and the more complicated it becomes to unwind transactions, especially if properties were sold, refinanced, or maintained without clear documentation.

For more background on related options in North Carolina probate, see asking the court to remove the executor and what beneficiaries can do about suspected mismanagement.

Conclusion

In North Carolina, when an estate has stayed open for a long time and there are concerns about mishandled assets or debts, the usual starting point is the Clerk of Superior Court overseeing the estate. The executor must manage estate property as a fiduciary, pay valid debts appropriately, and file accurate inventories and accountings that the Clerk can audit. The most practical next step is to file a request in the estate file asking the Clerk to compel a complete accounting (with supporting records) and set a firm deadline for compliance.

Talk to a Probate Attorney

If a North Carolina estate has been left open and there are concerns about missing accountings, unclear property handling, or possible misuse of estate funds, our firm has experienced attorneys who can help explain options and timelines through the Clerk of Superior Court. 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.