Probate Q&A Series

What exactly is the estate inventory and what information must it include? – North Carolina

Short Answer

In North Carolina probate, the estate inventory is the personal representative’s written list of the decedent’s assets that are part of the probate estate, along with each item’s date-of-death value. It is filed with the Clerk of Superior Court and is meant to show what property is under the personal representative’s control and what it is worth. If an asset is discovered later or a value turns out to be wrong, a corrected or supplemental inventory may be required.

Understanding the Problem

In a North Carolina estate, a personal representative (executor or administrator) can be ordered by the Clerk of Superior Court to file an “inventory.” The single issue is what that inventory is supposed to cover and what details must be included so the filing satisfies the clerk’s order. The inventory is not a narrative explanation of the estate; it is a structured list of property and values tied to the date of death and the personal representative’s duties in the estate administration.

Apply the Law

North Carolina law expects the personal representative to identify and report the property that belongs in the probate estate and to provide a reasonable date-of-death value for each item. The inventory is filed in the estate file with the Clerk of Superior Court (Estates Division) in the county where the estate is open. If the personal representative later learns about additional property or learns that a listed value was wrong or misleading, North Carolina law directs the filing of a supplemental inventory.

Key Requirements

  • Probate-estate assets must be listed: The inventory focuses on property that the personal representative is responsible for collecting, safeguarding, and later accounting for in the estate administration.
  • Date-of-death values must be provided: Each listed item should show an approximate fair market value as of the decedent’s date of death (not what it sold for later).
  • Enough identifying detail to match the asset: The inventory should describe assets clearly (for example, account identifiers for financial accounts, and make/model/VIN for vehicles) and describe real estate in a way that can be traced in public records.
  • Updates when information changes: If an asset was missed or a value was materially incorrect, the personal representative may need to file a supplemental inventory rather than leaving the court file incomplete.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the Clerk of Superior Court has issued an order to file an inventory, which means the personal representative should prepare a complete list of probate-estate assets and provide date-of-death values. If some assets are still being located or appraised, the inventory should still be filed as completely as possible, and then updated if new assets are discovered or a value changes materially. If an independent appraisal is used for certain items, the inventory should reflect that appraisal information for those items.

Process & Timing

  1. Who files: The personal representative. Where: The Clerk of Superior Court (Estates Division) in the county where the estate is open in North Carolina. What: The court’s inventory form (commonly filed on the AOC estate inventory form used by the clerk) listing probate assets and date-of-death values. When: By the deadline in the clerk’s order; if no special order sets a different date, many estates are expected to file the inventory within about 3 months after qualification, but local practice and orders control.
  2. Valuation work: Gather statements and title documents, confirm ownership, and determine date-of-death values. For items like vehicles, the inventory typically includes identifying details such as the VIN; for real estate, it should include enough information (such as deed references or parcel identifiers) to match the property in the public record.
  3. After filing: If additional property is found later or a listed value was wrong or misleading, file a supplemental inventory (or follow the clerk’s direction on how to correct the court record) so the estate file stays accurate for later accountings.

Exceptions & Pitfalls

  • Mixing probate and non-probate assets: Some assets pass outside probate (for example, certain beneficiary-designated accounts). Even when those assets are not part of the probate estate, clerks often still expect clear disclosure of what exists and how it is titled. Confusion here is a common reason inventories get rejected or questioned.
  • Undervaluing or using the wrong date: The inventory is generally tied to fair market value on the date of death, not a later sale price. For tangible personal property and real estate, consider whether an appraisal is needed to support the value.
  • Not listing enough detail: Vague descriptions (like “bank account” or “car”) can create problems later when the estate must file an accounting. Use identifying details (account identifiers, VINs, deed references) so the asset can be matched to records.
  • Failing to update the filing: If new assets are discovered after the inventory is filed, or if a value was materially wrong, North Carolina law contemplates a supplemental inventory. Leaving the court file incomplete can trigger follow-up notices from the clerk.

Conclusion

In North Carolina, the estate inventory is the personal representative’s court filing that lists probate-estate assets and their fair market values as of the decedent’s date of death, with enough detail to identify each item. If assets are discovered later or a value was wrong or misleading, a supplemental inventory may be required. The next step is to complete the clerk’s inventory form and file it with the Clerk of Superior Court by the deadline stated in the clerk’s order.

Talk to a Probate Attorney

If an order to file an inventory has been issued and there is uncertainty about what must be listed, how to describe assets, or how to value them as of the date of death, our firm has experienced attorneys who can help explain 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.