Probate Q&A Series

What can we do if the other co-administrator won’t share account statements or won’t communicate directly while we’re trying to complete the inventory? – North Carolina

Short Answer

In North Carolina, co-administrators are fiduciaries and the estate still must file a complete inventory and later accountings with the Clerk of Superior Court. If one co-administrator will not share bank statements, loan information, or other records needed to finish the inventory, the usual next steps are (1) a written demand for specific documents and (2) asking the Clerk (in an estate proceeding) to order the co-administrator to provide information, file required reports, or face removal and other sanctions. If estate property or records are being withheld, the estate can also use a clerk-supervised proceeding to examine the person believed to have the property and seek recovery.

Understanding the Problem

In North Carolina probate, can co-administrators complete the required estate inventory when the other co-administrator will not communicate directly or will not share account statements and loan records? The decision point is whether the missing information prevents a complete and accurate inventory from being filed with the Clerk of Superior Court, or prevents the estate from being administered in an orderly way. The issue often comes up when one co-administrator appears to be handling some paperwork separately, while another co-administrator is trying to gather bank, vehicle, and real estate information needed for the inventory.

Apply the Law

North Carolina estates are supervised by the Clerk of Superior Court, and personal representatives (including co-administrators) must file an inventory and later accountings. Co-administrators share responsibility for getting accurate information into those filings. When a co-administrator refuses to cooperate, North Carolina procedure allows an “interested person” to ask the Clerk to compel a required accounting and, if the personal representative still does not comply, the Clerk can use enforcement tools that may include removal or contempt. North Carolina also allows an estate proceeding to examine a person reasonably believed to possess estate property (or information about it) and to seek recovery of that property through the clerk-supervised process.

Key Requirements

  • Complete inventory information: The inventory needs enough documentation to identify estate assets and debts (for example, bank balances, loan payoffs, and vehicle information) so the filing is accurate and defensible.
  • Clerk-supervised compliance: When required reports are not being completed, an interested person can ask the Clerk of Superior Court to order a “full and satisfactory” filing within a set time, with consequences for continued noncompliance.
  • Ability to investigate and recover estate property: If a person (including a co-administrator) is reasonably believed to hold estate property or control access to it, the estate can bring a clerk-supervised proceeding to examine that person and seek recovery.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the estate includes bank accounts/loans and a vehicle, and the inventory cannot be completed without reliable statements and payoff information. If one co-administrator is not communicating and may be filing items separately, that creates a practical risk of an incomplete or inconsistent inventory. North Carolina procedure gives a path to bring the problem to the Clerk of Superior Court so the Clerk can order compliance (and, if needed, consider removal or other enforcement) and so the estate can use a clerk-supervised examination process if estate records or property are being withheld.

Process & Timing

  1. Who files: A co-administrator, heir, creditor, or other “interested person,” depending on the specific relief requested. Where: The Clerk of Superior Court in the county where the estate is opened in North Carolina. What: Typically a written motion/petition in the estate file asking the Clerk to compel a required filing (inventory/accounting) and/or to order cooperation, and if appropriate a verified petition to examine a person believed to possess estate property or records. When: As soon as it becomes clear the inventory cannot be completed accurately without the missing statements or cooperation.
  2. Clerk issues an order and sets a deadline: In practice, the Clerk may issue an order requiring the missing filing or information within a short, specific period and may schedule a show-cause hearing if the problem continues.
  3. Enforcement or change in fiduciary: If the co-administrator still does not comply, the Clerk can consider enforcement tools (including contempt in appropriate cases) and may remove the noncompliant personal representative and appoint a successor, depending on the facts and the estate’s needs.

Exceptions & Pitfalls

  • Relying on informal updates: A co-administrator may say that “paperwork is being handled,” but the inventory still needs consistent, verifiable numbers. A written, itemized request for statements (by account, date range, and institution) helps show what is missing.
  • Filing an inventory without support: Guessing balances or omitting accounts can create problems later in the accounting and can trigger objections. If documentation is missing, it is often better to seek a clerk order to compel production than to file an inventory that cannot be backed up.
  • Mixing estate issues with heir disputes over the house: Disagreements about who keeps an out-of-state house versus who receives cash are usually distribution questions that come later. During inventory and administration, the key is tracking payments (mortgage, utilities, insurance) and documenting whether they were paid by the estate or advanced by an individual so the accounting can address them fairly.
  • Out-of-state property administration: Real estate located outside North Carolina may require a separate process in the other state. Even when that is true, the North Carolina estate administration still benefits from clear records of expenses paid and any reimbursements requested, so the Clerk can understand the estate’s overall picture.

Conclusion

In North Carolina, co-administrators share responsibility for filing a complete inventory and later accountings with the Clerk of Superior Court. When one co-administrator will not share account statements or refuses to communicate, the practical remedy is to document a written demand for specific records and then file a motion/petition in the estate file asking the Clerk to compel a full and satisfactory filing and cooperation. The key next step is to file that request with the Clerk promptly once the missing records prevent an accurate inventory.

Talk to a Probate Attorney

If a co-administrator is refusing to share statements or is not cooperating and the inventory cannot be completed, our firm has experienced attorneys who can help explain the clerk process, prepare the right filings, and protect the estate’s timeline. Call us today at [CONTACT NUMBER].

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.