Detailed Answer
When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear in N.C. Gen. Stat. § 28A-13-2 and § 28A-13-3.
1. Inventory (N.C.G.S. § 28A-13-2): Within 3 months after qualifying as personal representative, you must file a written inventory. The inventory must list every asset owned by the decedent at the time of death. At a minimum, include:
- A clear description of each asset (for example, make, model and year for vehicles; address and legal description for real estate).
- The location of personal property (for example, household goods in the decedent’s home or personal safe deposit box).
- The date-of-death fair market value of each item, expressed in dollars.
- Identification of property held by the decedent and another as joint tenants with right of survivorship, and property held by the decedent and spouse as tenants by the entirety.
Refer to N.C. Gen. Stat. § 28A-13-2 for full statutory language: ncleg.gov/GS_28A-13-2.
2. Appraisement (N.C.G.S. § 28A-13-3): The personal representative must have all the property of the decedent appraised at its fair market value as of the date of the decedent’s death, except to the extent the clerk of superior court waives the requirement. When required, the appraisement must include:
- The same item descriptions used in the inventory.
- The appraised value of each item.
- The appraiser’s signed certification or affidavit as required by the clerk.
Review the full requirements in N.C. Gen. Stat. § 28A-13-3: ncleg.gov/GS_28A-13-3.
Failing to file a complete inventory and proper appraisement can delay estate administration, expose you to personal liability, or lead to sanctions from the court. If you discover additional assets after filing, you must promptly amend the inventory and appraisement.
Key Points to Remember
- File the inventory within 3 months of qualifying as personal representative.
- Include every asset owned by the decedent at death, with clear descriptions and values.
- Appraisals are required unless waived by the clerk of superior court.
- Amend your filings if you uncover assets later.
- Consult N.C.G.S. § 28A-13-2 and § 28A-13-3 for specific details.
Next Steps
Preparing a full and accurate inventory and appraisement can feel overwhelming. Pierce Law Group has a team of attorneys with extensive probate administration experience ready to guide you. Contact us today for help ensuring your filings comply with North Carolina law. Email intake@piercelaw.com or call us at (919) 341-7055.
