Short Answer

In North Carolina, you can ask the Clerk of Superior Court to: (1) order the power of attorney (POA) agent to provide a full accounting and, if needed, suspend or limit the agent; (2) compel production of a hidden will; and (3) appoint you as personal representative so you can subpoena records and pursue a proceeding to discover estate assets. Claims for money damages against a POA agent belong in Superior Court.

Understanding the Problem

You want to know whether, in North Carolina probate, you can force your sibling (who holds a financial POA over the surviving spouse) to disclose information and stop withholding estate-related records. One key fact: a will signed years ago in another state may have been concealed or destroyed. Your goal is to get authority and information quickly to protect the estate.

Apply the Law

North Carolina gives the Clerk of Superior Court broad authority over probate matters. Before death, a POA agent owes duties to the principal (here, the surviving spouse). After death, the court can (a) compel an agent to account and limit the agent’s authority, (b) appoint a personal representative (PR) to gather assets, and (c) order production of a will. Many jointly owned assets pass to the surviving spouse outside probate, but a PR can still investigate, inventory estate assets, and bring a proceeding to discover property held by third parties. The PR files an inventory within three months of qualification.

Key Requirements

• Standing to seek POA relief: A principal, guardian, personal representative, or any other interested person may petition the Clerk to compel a POA accounting or to limit/suspend the agent.
• Compel production of a will: File an affidavit showing facts that a will exists and is in someone’s possession in North Carolina; the Clerk can summon that person to produce it.
• Appointment as PR: If no one with higher priority serves, an interested person may qualify as administrator; the Clerk decides who is most suitable and may require bond.
• Inventory and oversight: A PR must file an inventory within three months of qualification and can ask the Clerk to enforce compliance and records production.
• Discover estate assets: A PR may file a verified petition asking the Clerk to determine whether specific property belongs to the estate and order third parties to turn it over.

What the Statutes Say

• N.C. Gen. Stat. § 32C-1-116 (Judicial relief re: powers of attorney) – Clerk may compel an accounting and limit/suspend a POA agent; some matters may be transferred.
• N.C. Gen. Stat. § 28A-2A-4 (Compel production of a will) – By affidavit, the Clerk can summon the person holding a will to produce it.
• N.C. Gen. Stat. § 28A-15-12 (Proceeding to discover assets) – PR can petition to identify and recover estate property held by others.
• N.C. Gen. Stat. § 28A-4-1 (Who is entitled to letters) – Sets priority and Clerk’s discretion for appointing an administrator.

Analysis

Apply the Rule to the Facts: Because your sibling (as POA for the surviving spouse) is withholding information, you can petition the Clerk to compel a POA accounting and, if appropriate, to limit or suspend the agent. If the will is being concealed, you can file an affidavit so the Clerk orders its production. To investigate fully, seek appointment as administrator; once qualified, you must inventory assets within three months and may bring a proceeding to discover assets held by third parties. Jointly titled assets may pass outside probate, but you can still pursue records and, where appropriate, court orders.

Process & Timing

1. Who files: You (as an interested person/heir). Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: (a) Petition under § 32C-1-116 to compel POA accounting/limit agent; (b) Application by affidavit to compel production of a will; (c) Application for Letters (AOC-E-201 for probate with will or AOC-E-202 for administration without a will). When: File promptly; after you qualify, the inventory is due within 3 months.
2. After letters issue, send record demands to banks, brokers, and custodians; if information or property is withheld, file a verified petition to discover assets under § 28A-15-12. Timeframes for hearings vary by county.
3. If evidence shows misuse by the POA (e.g., self-dealing), consult about a Superior Court action for breach of fiduciary duty and, if needed, seek a temporary restraining order to preserve assets.

Exceptions & Pitfalls

• Many jointly owned or beneficiary-designated assets pass outside probate; the PR may still seek information and, in limited cases, reach assets to pay valid claims.
• Money damages against a POA agent (breach of fiduciary duty, fraud) must be filed in Superior Court, not before the Clerk.
• Service matters: several petitions require Rule 4 service and notice to interested parties; missing service can delay or void relief.
• If the original will is missing, you may need a verified petition and witness affidavits to admit a copy and show it was not revoked.
• Bond and priority rules can affect who serves as administrator; be ready to address renunciations or suitability if there is a dispute.

Conclusion

North Carolina law lets you act when a POA agent conceals estate-related assets: ask the Clerk to compel a POA accounting or limit the agent, compel production of any hidden will, and seek appointment as personal representative so you can subpoena records and file a proceeding to discover assets. After you qualify, file the inventory within three months. The next step is to file a verified petition with the Clerk in the decedent’s county and apply for letters of administration.

Talk to a Probate Attorney

If you’re dealing with a withheld will, missing records, or a POA agent blocking access to information, 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.