What is the process for amending an estate inventory or accounting? – North Carolina

Short Answer

In North Carolina, you amend an estate inventory by filing a verified supplemental inventory with the Clerk of Superior Court to add or correct assets or values. You update accountings by filing an amended account (if the period’s account has not been approved) or reporting the new receipt on the next annual or final account. The initial inventory is due within three months of qualification; you may request a short extension from the clerk for good cause.

Understanding the Problem

In North Carolina probate, can a personal representative file the required inventory when the sole asset—a bank account—is not yet accessible because the bank rejected a prior notarization, and how do they amend the inventory or accounting once the funds become accessible?

Apply the Law

North Carolina requires a timely, verified inventory and, if the estate stays open beyond a year, periodic accountings. The Clerk of Superior Court oversees these filings and can grant short extensions for good cause. When you discover an omitted asset or a valuation error after filing the inventory, you file a supplemental inventory. Changes in receipts and transactions are shown on annual or final accounts.

Key Requirements

• Timely initial inventory: File a verified inventory within three months of qualification; ask the clerk for a short extension in writing if needed.
• Complete and accurate content: Identify probate assets and give date-of-death values; if a value is pending, explain and correct it when confirmed.
• Supplemental inventory for updates: File a verified supplemental inventory to add assets discovered later or correct descriptions/values; there is no pre-printed AOC form.
• Annual/final accounts: Use the court form to report receipts, disbursements, and property on hand; include bank statements, vouchers, and receipts.
• Clerk oversight and fees: The clerk audits filings and may assess additional estate fees when new personal property is reported.

What the Statutes Say

• N.C. Gen. Stat. § 28A-20-1 (Inventory; timing and content) – Inventory due within three months of qualification; list estate property with date-of-death values.
• N.C. Gen. Stat. § 28A-20-2 (Extension and enforcement) – Clerk may grant more time for good cause and can compel filing if late.
• N.C. Gen. Stat. § 28A-20-3 (Supplemental inventory) – File to add assets found later or correct errors; enforced like the original inventory.
• N.C. Gen. Stat. § 28A-21-1 (Annual accounts) – If open beyond one year, file by the 15th day of the fourth month after the selected fiscal year ends.

Analysis

Apply the Rule to the Facts: With a sole bank account currently inaccessible due to the bank rejecting a prior notarization, you still must meet the three-month inventory deadline or request a short extension. If you can confirm the date-of-death balance, list the account and value on the inventory. If you cannot verify the value in time, ask the clerk for an extension; if the inventory is filed first, correct it by a verified supplemental inventory once the bank provides the information. When the funds are received, report the deposit on the next account or file an amended account if the pending account hasn’t been approved.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court in the county where the estate is open. What: Initial inventory (AOC-E-505); written request for extension if needed; later, a verified supplemental inventory (free-form, referencing the estate file). When: File the inventory within three months of qualification; request any extension before that deadline.
2. Accounting: Use ACCOUNT (AOC-E-506) for annual or final accounts. If you discover an omission before the account is approved, file an amended AOC-E-506 for that period; if already approved, include the new receipt on the next account. Typical review times vary by county.
3. Closure: After all claims are addressed and distributions made, file the final account (AOC-E-506) with vouchers. When approved, the clerk will close the estate and discharge the personal representative.

Exceptions & Pitfalls

• Inaccessible bank funds: Bank notarization standards do not change your court deadlines. Either list the account (with a note if value verification is pending) or request an extension; then correct via supplemental inventory.
• No AOC form for supplements: A supplemental inventory is a verified, free-form filing that references the estate file and clearly lists added or corrected items with date-of-death values.
• Use accounts to capture receipts: Many personal representatives report newly collected assets and changes in value on the next annual or final account; include bank statements and receipts.
• Documentation: Missing vouchers, bank statements, or receipts delay account approval. Keep clear records for each receipt and disbursement.
• Deadlines matter: If you miss inventory or accounting deadlines and do not obtain more time, the clerk can issue orders to compel and take further action. Ask for extensions promptly.
• Labeling doesn’t change ownership: Listing an item incorrectly on an inventory does not convert it into probate or non-probate property. Correct errors promptly.

Talk to a Probate Attorney

If you’re dealing with an estate inventory that needs corrections or an account that must be updated, 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.