Feb192026
Probate Q&A Series

What can I do if the executor or trustee isn’t sharing information, isn’t listing all heirs, or isn’t handling the estate and trust fairly? – North Carolina

Short Answer

In North Carolina, an executor (personal representative) and a trustee are fiduciaries. That means they must act in good faith and handle the estate or trust for the benefit of the proper people—not for themselves. When information is being withheld, heirs or beneficiaries appear to be missing, or the administration seems unfair, common next steps include demanding records, asking the Clerk of Superior Court to compel an estate inventory/accounting, and (in serious cases) seeking removal and replacement of the executor or trustee.

Understanding the Problem

In North Carolina probate and trust administration, the core question is what options exist when an executor/trustee is not providing basic information, may be leaving out heirs or beneficiaries in filings, or appears to be favoring certain family members in distributions or decision-making. The situation often comes up after a death where there is both a will (handled through the estate) and a revocable trust (handled by the trustee), and family members believe notices, accountings, or distributions are not being handled evenhandedly. The decision point is whether the problem is mainly a lack of communication and documentation, or whether the conduct suggests a deeper breach of fiduciary duty that requires court involvement.

Apply the Law

North Carolina treats both executors and trustees as fiduciaries. An executor’s job generally includes finding and protecting estate assets, paying valid debts, and distributing what remains to the people entitled under the will (or under intestacy if there is no will). A trustee’s job is to administer the trust according to its terms and North Carolina’s trust rules, including keeping qualified beneficiaries reasonably informed and providing information needed to protect their interests. When a fiduciary does not provide required information or does not administer fairly, North Carolina law allows interested persons/beneficiaries to ask the court to compel compliance and, when appropriate, to remove the fiduciary.

Key Requirements

  • Fiduciary good faith and fair dealing: The executor/trustee must act honestly, avoid self-dealing, and administer for the benefit of the proper heirs/beneficiaries rather than favoring personal interests.
  • Transparency through records and accountings: Estate administration involves inventories and accountings filed with (and supervised by) the Clerk of Superior Court; trust administration includes a duty to keep qualified beneficiaries informed and to provide information reasonably necessary to protect their interests.
  • Correct identification of interested persons: Estate filings and trust administration should reflect the correct heirs/beneficiaries under the governing documents and North Carolina law, including contingent beneficiaries when their interests may be affected by administration decisions.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a death with both a will and a revocable trust, where a relative is serving as executor and trustee and other relatives (including grandchildren) are contingent trust beneficiaries. If distributions, notices, or filings appear incomplete—such as missing heirs in estate paperwork or unexplained trust activity—the key legal issues are (1) whether the fiduciary is meeting required reporting and transparency duties, and (2) whether the fiduciary is acting in good faith and administering impartially. If the executor/trustee refuses to provide basic documentation (estate inventory/accountings, trust information reasonably necessary to protect beneficiary interests), North Carolina law provides court processes to compel information and, if needed, replace the fiduciary.

Because there is both an estate and a trust, it is also important to separate what belongs in the estate (probate assets) from what belongs in the trust (trust-titled assets). A missing “heir” on an estate filing may be a probate problem, while a missing “beneficiary” on trust communications may be a trust problem. Sometimes both are true at the same time.

Process & Timing

  1. Who files: An “interested person” in the estate (such as an heir or beneficiary under the will) or a trust beneficiary (often a qualified beneficiary). Where: For estate issues, typically the Estates Division of the Clerk of Superior Court in the county where the estate is administered. For many internal trust matters, a trust proceeding is often started with the Clerk of Superior Court, though some claims (such as certain damages claims) may need to be filed in Superior Court. What: A filing asking the clerk/court to compel an inventory/accounting, require production of records, and/or remove and replace the executor/trustee.
  2. Next step: The clerk/court usually sets deadlines and may schedule a hearing. In estate matters, the clerk can use “show cause” procedures to require the personal representative to file required paperwork and explain noncompliance.
  3. Final step: Depending on what the evidence shows, the clerk/court may order an accounting, require corrected filings, give instructions for administration, surcharge the fiduciary for losses, or remove and appoint a successor fiduciary.

Exceptions & Pitfalls

  • Estate vs. trust confusion: Not every asset passes through probate. If an asset is titled in the trust, it may not appear on the estate inventory, even though beneficiaries still have rights to information about trust administration.
  • “Contingent” does not always mean “no rights”: Contingent beneficiaries may still have enforceable rights depending on the trust terms and whether they qualify as “qualified beneficiaries” under North Carolina trust law. A careful read of the trust and family tree is often necessary.
  • Withholding information can escalate the case: Even if a trust document tries to limit routine accountings, North Carolina courts can still require information needed to enforce beneficiary rights and ensure good-faith administration.
  • Incomplete or inaccurate filings: Honest mistakes can happen, but repeated omissions, refusal to correct errors, or unexplained transactions can support stronger remedies (including removal).
  • Waiting too long: Delay can make it harder to trace assets, stop improper distributions, or preserve records. Early action is often focused on getting documents and freezing the facts.

For related reading, see remove or replace an executor and get a trustee removed for mishandling assets.

Conclusion

In North Carolina, an executor and trustee must act in good faith, administer for the benefit of the proper heirs/beneficiaries, and provide the information the law requires. When information is being withheld, heirs appear to be missing, or administration seems unfair, the usual remedy is to ask the Clerk of Superior Court (and, in some trust disputes, the court) to compel records and compliance and, if necessary, remove and replace the fiduciary. The next step is to file a request to compel an inventory/accounting or trust information with the Clerk of Superior Court promptly after the problem becomes clear.

Talk to a Probate Attorney

If a family member serving as executor or trustee is not sharing information, may be leaving out heirs or beneficiaries, or appears to be handling an estate or trust unfairly, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.