Short Answer

In North Carolina, if you discover an estate asset after filing your inventory, you must promptly file a supplemental inventory with the Clerk of Superior Court. If you filed a blank inventory to meet a show‑cause deadline, you should immediately supplement, deposit the funds into the estate account, and expect additional court fees on the newly reported personal property. Failure to properly inventory assets can lead to removal or contempt under a court order.

Understanding the Problem

You are the personal representative in a North Carolina probate, and the clerk set a show‑cause hearing with an inventory deadline. Can you file a blank inventory today and then add a newly found bank or credit union account later—and what happens if you do discover money after the blank filing?

Apply the Law

North Carolina requires a personal representative to file an inventory within three months of qualification and to update it if additional property becomes known later. The Clerk of Superior Court oversees this. If you cannot complete the inventory by the deadline, you may request a short extension for good cause. When you discover a bank balance after filing, you must report it and use the date‑of‑death value. Court costs apply to personal property reported on inventories and accounts.

Key Requirements

• Timely 90‑day inventory: File a detailed list of estate assets (with date‑of‑death values) within three months of qualification.
• Reasonable diligence and updates: Use reasonable efforts to find assets; if you later learn of an asset or a mistaken value, file a supplemental inventory.
• Comply with show‑cause orders: If the clerk orders you to file by a set date, either file or obtain an extension within the time stated, or risk removal or contempt.
• Report bank accounts correctly: List the financial institution, account number, and balance as of the date of death; deposit funds into the estate account and adjust bond if needed.
• Pay required fees and account later: Court costs apply to newly reported personal property; also show the receipt and later disbursement on the annual or final account.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – requires a “just, true and perfect” inventory of estate property within three months of qualification.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – requires a supplemental filing when additional property becomes known or prior values are erroneous.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file; orders; sanctions) – clerk may order filing within a set time and, if not met, remove the PR or hold the PR in contempt.
• North Carolina Gen. Stat. § 7A-307 (Estate costs and fees) – sets fees based on personal property reported on inventories and accounts (with a cap and minimums).

Analysis

Apply the Rule to the Facts: Because the clerk has set a show‑cause deadline, filing a blank inventory solely to avoid that hearing is risky unless you truly have no information yet. If you reasonably suspect a decedent‑owned bank or credit union account exists, list it on the inventory and, if needed, use an “undetermined” value while you obtain a date‑of‑death balance, or request a short extension. If you already filed blank and later confirm funds, promptly file a supplemental inventory, deposit the money into the estate account, and expect court fees on the newly reported personal property.

Process & Timing

1. Who files: The personal representative. Where: Clerk of Superior Court in the county where the decedent was domiciled. What: Inventory for Decedent’s Estate (AOC‑E‑505) for the initial filing; a written supplemental inventory (no AOC form) with the same detail when new assets are found; later, an Account (AOC‑E‑506) showing receipts/disbursements. When: Inventory is due within three months of qualification; if a show‑cause order is issued, comply or obtain an extension within the order’s timeframe (not less than 20 days).
2. On discovering a bank or credit union balance, immediately obtain a date‑of‑death statement, deposit funds into the estate account, update bond if required, and file the supplemental inventory. Timing can vary by county, but file without delay once you have the information.
3. Report the receipt on your next annual or final account. The clerk will assess additional fees on new personal property not previously reported, subject to statutory caps.

Exceptions & Pitfalls

• Title matters: Money in an account solely in the decedent’s name is a probate asset; joint accounts with right of survivorship or payable‑on‑death designations usually are not. Confirm titling before listing.
• “Blank” filings: Submitting a blank or incomplete inventory without seeking an extension can be treated as unsatisfactory, risking removal or contempt if the clerk has ordered compliance.
• Valuation traps: Use the date‑of‑death balance. If the exact value is pending (e.g., waiting on a bank letter), you may file and then promptly supplement when the number is confirmed.
• Bond and fees: New personal property may require a bond increase and triggers additional court costs. Do not overlook these adjustments.
• Notice and timing: If you receive an order to file, act within the timeframe on the order or request an extension with reasons and evidence of your asset search.

Talk to a Probate Attorney

If you’re dealing with a show‑cause order and uncertain estate assets, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.