Aug142025
Probate Q&A Series

What is the process for contesting the estate accounting more than a year after it’s been approved in North Carolina? — North Carolina

Short Answer

After a final account is approved, you generally cannot appeal it if more than 10 days have passed. More than a year later, your options are to ask the clerk to reopen the estate for proper cause or to file a Rule 60(b) motion to set aside or modify the order approving the account, but only on limited grounds and within a “reasonable time.” If you seek money damages (surcharge) against the former personal representative, that claim must be filed as a civil action in Superior Court.

How North Carolina Law Applies

When the clerk audits and approves an annual or final account, the approval is prima facie evidence that the accounting is correct. If the clerk then discharges the personal representative, the representative’s authority ends, but they may still be liable for breaches that occurred before discharge. An appeal from the clerk’s accounting order had to be filed within 10 days; if that window has long passed, the main avenues are (1) a motion for relief from the order under Rule 60(b) or (2) a petition to reopen the estate for proper cause. If you are alleging financial harm (for example, missing funds or improper distributions), you may also need a separate lawsuit in Superior Court because the clerk cannot award monetary damages.

Key Requirements

  • Standing: Only an “interested person” (such as a beneficiary, heir, creditor, or former fiduciary) may ask to reopen the estate or challenge the accounting.

  • Effect of prior approval: A clerk’s approval of an account is prima facie correct, which means the challenger bears the burden to show specific errors (e.g., unaccounted-for assets, unsupported disbursements, or distributions inconsistent with the will or intestacy law).

  • Rule 60(b) timing and grounds: Relief for mistake, newly discovered evidence, or fraud generally must be sought within one year of the order; beyond one year, you must rely on other limited grounds (e.g., the order is void or extraordinary circumstances) and still act within a reasonable time.

  • Reopening an estate: The clerk may reopen if there is newly discovered estate property, a necessary act remains unperformed, or other proper cause exists. A reopened estate cannot be used to revive claims that are already time-barred.

  • Deemed acceptance after notice: If you received formal Rule 4 service of a proposed final account and did not object within 30 days, you are deemed to have accepted the matters disclosed in that notice, which can limit later challenges.

  • Damages claims: Claims for breach of fiduciary duty or a surcharge against a former personal representative must be filed in Superior Court; the clerk lacks jurisdiction to award money damages.

Process & Timing

  1. Review the file. Obtain the approved account, the clerk’s order, and any backup the clerk relied on (vouchers, receipts). Confirm whether you were served with a proposed final account under permissive notice and whether you objected then.

  2. Choose the remedy. If you want to change or set aside the approval order itself, file a motion for relief under North Carolina Rule of Civil Procedure 60(b) in the estate file and serve all interested parties. If your goal is to address newly discovered property or a left‑unfinished task, file a petition asking the clerk to reopen the estate.

  3. Rule 60(b) motion. State the specific grounds (e.g., fraud on the court, void judgment, other extraordinary circumstances), explain why you acted within a reasonable time, and attach evidence. The clerk will set a hearing. If granted, the clerk may modify or set aside the approval and require a corrected account.

  4. Petition to reopen. Any interested person may petition to reopen. The clerk may order reopening with or without prior notice, hold a hearing, and either reappoint the former personal representative or appoint a new one limited to the tasks at hand. Barred claims cannot be asserted in the reopened administration. If new personal property is reported, the clerk collects the statutory fee on newly reported assets.

  5. Damages or surcharge. If you seek money damages for breach of fiduciary duty, file a civil action in Superior Court. You can pursue both reopening before the clerk (to restore administration authority) and the civil action for damages; if appropriate, ask to consolidate related matters in Superior Court.

  6. Appeals. Any new order from the clerk (on a Rule 60(b) motion or on reopening) must be appealed within 10 days of service of the order. The Superior Court reviews the clerk’s order on the record (not de novo) unless a statute provides otherwise.

What the Statutes Say

Exceptions & Pitfalls

  • Missed appeal deadline: If you did not appeal the approval order within 10 days, you cannot revive an ordinary appeal later. You must use Rule 60(b) or reopen the estate, if appropriate.

  • One‑year limit for key Rule 60(b) grounds: Claims based on mistake, new evidence, or fraud generally must be filed within one year. Beyond a year, only narrower grounds remain and you must still act within a reasonable time.

  • Deemed acceptance after permissive notice: If you were served under § 28A‑21‑6 and stayed silent for 30 days, you are deemed to accept the items disclosed in the proposed final account.

  • Clerk cannot award damages: If you want surcharges or damages against a former personal representative, file in Superior Court. The clerk can reopen administration or require a corrected account but cannot award money damages.

  • No revival of barred claims: Reopening cannot be used to litigate claims already barred by law.

  • Evidence matters: Because a clerk’s approval is prima facie correct, come prepared with documents (bank statements, vouchers, receipts) showing specific errors.

Helpful Hints

  • Ask the clerk’s office for copies of any vouchers, bank statements, and receipts that supported the approved account.
  • List specific transactions you dispute and why (e.g., no voucher, not authorized by the will, wrong payee).
  • Move quickly—Rule 60(b) timing is strict, and “reasonable time” gets shorter as the years pass.
  • If there are newly discovered assets, include proof (account statements, deeds, titles) with your petition to reopen.
  • If you seek repayment for losses, plan a parallel Superior Court case for breach of fiduciary duty while you ask the clerk to reopen to restore authority to administer any new or misreported assets.

Talk to a Probate Attorney

If you believe an approved estate accounting is wrong or assets were missed, our firm can help you evaluate Rule 60(b) relief, a petition to reopen, and any damages claims. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.