Short Answer

North Carolina law requires personal representatives to file an inventory within three months of qualifying and to file annual or final accounts. If co-executors withhold statements or refuse to account, the Clerk of Superior Court can order a full accounting within 20 days and, if ignored, remove the fiduciary or hold them in contempt. Joint executors typically act by majority, and a dissenting co-executor can protect themselves by stating dissent in writing.

Understanding the Problem

In North Carolina, can a co-executor make the others share estate bank statements and include them in decisions when a house is under contract with a tight closing timeline? Here, one co-executor has been excluded from key communications while another pushes to replace the listing agent before closing.

Apply the Law

Under North Carolina probate law, co-executors serve as fiduciaries and must keep accurate records and account to the court. The Clerk of Superior Court oversees estates and can compel inventories and accounts, and remove or sanction a personal representative who fails to comply. Joint executors act by both if two, or by majority if more than two; a written dissent shields a co-executor from liability for an act taken at the majority’s direction. The main forum is the Clerk of Superior Court in the county where the estate is administered. Key deadlines include the inventory due within three months of qualification and a 20-day compliance period if the Clerk orders an accounting.

Key Requirements

• Inventory due in 3 months: A sworn inventory of estate assets must be filed shortly after qualification.
• Annual or final account: Estates open beyond a year must file an annual account; otherwise, a timely final account closes the estate.
• Clerk can compel accounting: On request by an interested person (including a co-executor), the Clerk can order a full satisfactory account within 20 days.
• Joint executor governance: If more than two serve, a majority may act; a dissenting co-executor should state dissent in writing to limit liability.
• Remedies for noncompliance: Removal, contempt, or bond changes can protect the estate if co-executors refuse to account or mismanage.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory in three months) – requires a timely inventory of estate property.
• North Carolina Gen. Stat. § 28A-21-4 (Compelling account) – Clerk may order an accounting within 20 days and remove or hold a fiduciary in contempt for failure to comply.
• North Carolina Gen. Stat. § 28A-13-6 (Joint personal representatives) – majority rule for co-executors and written dissent protection.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation/removal) – removal for default or misconduct after notice and hearing.

Analysis

Apply the Rule to the Facts: Because co-executors must file a timely inventory and ongoing accounts, a co-executor who is being denied access to bank statements can ask the Clerk to order a full accounting within 20 days. With a home sale under contract and a tight closing timeline, joint action typically follows the majority; if a co-executor disagrees about replacing the listing agent, they should state their dissent in writing to limit liability and may ask the Clerk for direction to preserve the sale. If noncompliance persists or records suggest mismanagement, the Clerk can adjust bond, limit authority, or remove a nonperforming co-executor.

Process & Timing

1. Who files: A co-executor (as an interested person). Where: Clerk of Superior Court in the county where the estate is administered. What: A petition/motion in the estate file to compel an accounting and production of records under § 28A-21-4; reference the Inventory for Decedent’s Estate (AOC‑E‑505) and Account (AOC‑E‑506) if missing. When: Request an order requiring a full account within 20 days.
2. The Clerk typically issues an order to file, sets a compliance date, and may hold a hearing. Expect follow‑up within a few weeks; timelines vary by county.
3. If the order is ignored or records show problems, seek remedies: increased bond, written allocation of powers among co-executors on file with the Clerk, direction to maintain the current listing through closing, or removal of a noncompliant co-executor. The Clerk will enter a written order.

Exceptions & Pitfalls

• Joint action rules matter: if more than two co-executors serve, a majority may act; document any dissent in writing to limit liability.
• Don’t wait on informal updates—ask the Clerk to compel an accounting and production of bank statements if you’re being excluded.
• If the will limits powers or there’s no clear authority to sell real estate, court approval may be needed; address this early to avoid closing delays.
• Ensure proper notice and filings; missing service or deadlines can delay relief.

Talk to a Probate Attorney

If you’re dealing with co-executors who won’t share estate records or include you in decisions during a pending home sale, 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.