Probate Q&A Series

What happens if my brother objects to the way personal property is described in the inventory? (North Carolina Probate)

In North Carolina, the personal representative (executor or administrator) must file an Inventory that lists and values the decedent’s assets. If your brother believes the Inventory describes personal property too vaguely (for example, listing “jewelry” without details) or inaccurately, he can ask for corrections. The Clerk of Superior Court—who oversees probate—can order clarification, corrections, or even appraisals when needed.

Detailed Answer

1) What the law requires in an Inventory
The personal representative must file a sworn Inventory within three months of qualifying, describing and valuing estate assets. See N.C. Gen. Stat. § 28A-20-1. If new information or assets come to light, or corrections are needed, a Supplemental Inventory can be filed. See N.C. Gen. Stat. § 28A-20-2. The personal representative has broad powers but must act prudently and in the estate’s best interest. See N.C. Gen. Stat. § 28A-13-3.

2) How an heir objects to descriptions in the Inventory
If your brother objects to how personal property is described or valued, he (or any “interested person,” such as another heir or creditor) can file a written request or motion in the estate file with the Clerk of Superior Court. He should:

  • Identify the items at issue and explain the concern (e.g., “silver coin collection” listed simply as “coins,” or a family heirloom omitted or undervalued).
  • Ask for specific relief: a corrected description, a more detailed itemization, a neutral appraisal, permission to inspect, or a court-ordered Supplemental Inventory.

The Clerk has authority in estate matters to hold hearings, take evidence, and enter orders to ensure accurate administration. See generally Chapter 28A of the North Carolina General Statutes (Chapter 28A), and clerks’ probate authority under the Judicial Branch statutes (e.g., N.C. Gen. Stat. § 7A-241).

3) What happens at the hearing
The Clerk may schedule a hearing and require the personal representative to bring records, photos, receipts, or appraisals. Your brother may present his evidence (e.g., photographs of the item, purchase documents, prior appraisals, or testimony). Outcomes can include:

  • Order to amend the Inventory to add detail (brand, model, serial number, condition) or to correct category descriptions.
  • Order to obtain a neutral appraisal for items where value is reasonably disputed (art, jewelry, collectibles, firearms, antiques).
  • Order to file a Supplemental Inventory if items were omitted or misclassified.
  • Inspection or documentation requirements to confirm existence and condition.
  • Bond adjustments or sale restrictions if the Clerk believes estate assets need additional protection while issues are resolved.

4) If the dispute is about ownership, not just description
Sometimes the real fight is whether property belongs to the estate at all (for example, your brother claims certain tools or a collection are his, not the decedent’s). The Clerk can handle many asset-discovery and administration issues in the estate file. When a complex title dispute arises, the Clerk may transfer that issue to the civil superior court for resolution. See generally Chapter 28A.

5) Consequences for ignoring problems
If the personal representative refuses to correct obvious errors or omits property, the Clerk can compel compliance and impose remedies available under Chapter 28A, which can include orders to file or amend the Inventory, increased bond, sanctions, or—when warranted—removal of the personal representative. See Chapter 28A.

6) Timing and practical steps
File objections promptly after you receive the Inventory. You can continue to raise issues when a Supplemental Inventory is filed or during accounting stages. Early action helps the Clerk protect assets and avoid misdistribution.

Example: The Inventory lists “jewelry” at $1,000. You know there is a platinum ring with a certification showing a higher value. You ask the Clerk for a neutral appraisal and a corrected description identifying each piece, its metal, stones, and condition. The Clerk orders an appraisal and a Supplemental Inventory reflecting itemized descriptions and updated values.

Helpful Hints

  • Ask for a copy of the filed Inventory (AOC form often used is “Inventory for Decedent’s Estate,” available through the North Carolina Judicial Branch website).
  • Be specific. Identify the item, why the description is inaccurate or vague, and the correction you want.
  • Bring proof: photos, receipts, prior appraisals, insurance schedules, serial numbers, or expert price guides for collectibles.
  • Request a neutral, credentialed appraiser for high-value or specialized items.
  • Consider an inspection so all heirs can verify items’ existence and condition.
  • If you fear assets will be sold or moved, ask the Clerk to restrict transfers until the dispute is resolved.
  • If the issue is ownership, be ready to show how and when you (or someone else) acquired the item.
  • Keep communications civil and in writing. Many Inventory issues resolve through cooperation and a Supplemental Inventory, avoiding lengthy hearings.

Have questions about correcting an Inventory or protecting estate assets in North Carolina? Our probate team can guide you, prepare targeted motions, and present the evidence the Clerk needs. Call us at (919) 341-7055 for a consultation.