Probate Q&A Series

What does it mean that the probate case is marked “disposed” and are there any funds left? – North Carolina

Short Answer

In North Carolina, “disposed” on a probate docket usually means the Clerk of Superior Court approved the final account and entered an order closing the estate and discharging the personal representative. That status does not prove whether money remains. Any remaining beneficiary shares should have been distributed, deposited with the Clerk if an heir could not be located, or later transferred to the State Treasurer’s unclaimed property. The final account in the estate file shows what came in, what was paid out, and where any balance went.

Understanding the Problem

You are a North Carolina beneficiary asking whether “disposed” means the estate is truly finished and whether any funds remain for you. The online docket shows a final accounting but no asset values, and the original executor died shortly after appointment. You cannot reach the court or prior attorney, and the address on file is outdated. You want to know what “disposed” means and how to find out if money is still available to beneficiaries.

Apply the Law

Under North Carolina law, an estate is closed when the personal representative files a final account, the Clerk audits and approves it, and the Clerk enters an order discharging the personal representative. The final account must list receipts, disbursements, and any balance. Approval is recorded, but supporting vouchers and detailed exhibits are not always visible online. If an heir cannot be located at closing, the personal representative may deposit that share with the Clerk, who later turns it over to the State Treasurer if unclaimed. An estate can be reopened if new assets are discovered or a necessary act remains undone.

Key Requirements

  • Final account is filed and audited: The personal representative must file a final account; the Clerk reviews receipts, disbursements, and proofs before approval.
  • Order of discharge closes administration: The estate is truly “closed” when the Clerk enters a discharge order; the online label “disposed” reflects this closure.
  • Distribution or deposit of balances: Remaining funds should be distributed to beneficiaries; if a beneficiary could not be located, the share may be deposited with the Clerk, then sent to unclaimed property after about a year.
  • Successor representative if needed: If the original executor dies or cannot serve, the Clerk can appoint a successor who completes the accounting and closing.
  • Reopening: The Clerk may reopen an estate if new estate property is found, a necessary act remains, or for other proper cause.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The “disposed” status likely means the Clerk approved a final account and signed a discharge order. Because the original executor died, a successor would have been appointed to finish administration and file that account. The absence of dollar figures online is normal; the detailed account and supporting documents sit in the estate file at the Clerk’s office. If a beneficiary couldn’t be located due to the outdated address, that share may have been deposited with the Clerk and then sent to unclaimed property after about a year.

Process & Timing

  1. Who files: A beneficiary. Where: Estates Division of the Clerk of Superior Court in the county of administration. What: Request certified copies of the final account (AOC-E-506), the order approving it, and the discharge order; ask whether any funds were deposited with the Clerk for a missing heir. If new assets are discovered, file a petition/motion to reopen the estate citing the reopening statute. When: Request copies immediately; reopening can be sought when new assets are identified.
  2. Confirm whether the Clerk still holds any deposited shares; if not, ask if the share was remitted to the State Treasurer’s unclaimed property after the one-year period. If so, file a claim with the State Treasurer.
  3. If the final account shows errors or missing assets, consider a petition to reopen the estate; the Clerk may appoint a successor personal representative to collect and distribute newly discovered assets.

Exceptions & Pitfalls

  • Not all online dockets display dollar amounts; you must review the actual filed final account for totals and distributions.
  • If you received formal notice of a proposed final account, you generally had 30 days to object; without that notice, you may still seek information or reopening if new assets are found.
  • Do not assume “disposed” means no funds remain; check with the Clerk and the State Treasurer’s unclaimed property.
  • If a personal representative died or became unreachable, a successor is typically appointed; verify who signed the final account and the discharge.
  • Claims against the estate are time-sensitive; reopening is usually for new property or unfinished acts, not to relitigate time-barred claims.

Conclusion

“Disposed” usually means the Clerk approved the final account and entered a discharge closing the North Carolina estate. That status doesn’t answer whether money remains; the final account shows what was received, paid, and distributed, and any missing heir’s share may have been deposited with the Clerk or later sent to unclaimed property. Next step: request certified copies of the final account and discharge from the Clerk of Superior Court and ask whether any beneficiary share was deposited, as those deposits typically move to the State Treasurer after about one year.

Talk to a Probate Attorney

If you’re dealing with a closed North Carolina estate and need to confirm where funds went or how to reopen for newly found assets, 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.