Oct242025
Probate Q&A Series

What other assets should I include when I open probate for my father’s estate? – North Carolina

Short Answer

In North Carolina, list all probate assets your father owned in his name alone and any legal claims the estate owns. Also disclose property that passes outside probate but could be pulled in to pay claims (for example, joint accounts or certain real estate) and list any potential wrongful death claim separately. A pending Camp Lejeune personal injury claim is an estate asset; a wrongful death claim is not an estate asset but must be listed and handled by the personal representative.

Understanding the Problem

You want to open a North Carolina estate and be appointed administrator to continue your father’s pending Camp Lejeune claim. The question is: when you apply for Letters of Administration and file the required inventories, what else must you include? As the proposed administrator, you must identify and properly categorize assets and claims so the Clerk of Superior Court can issue letters and you can administer the estate correctly.

Apply the Law

North Carolina requires a preliminary inventory with your application and a detailed 90‑day inventory after you qualify. Assets must be grouped by how they are administered: (1) probate property; (2) nonprobate items that may be reached to pay estate debts if needed; and (3) a separate listing for any wrongful death claim. Legal claims the decedent owned before death (survival actions) are probate assets; wrongful death is a separate statutory claim prosecuted by the personal representative and distributed outside the estate.

Key Requirements

  • Identify probate assets: Include solely owned bank accounts, investment accounts, vehicles, tangible personal property, and other items that pass through the estate.
  • Disclose nonprobate items that can be reached to pay debts: List joint accounts with right of survivorship, payable-on-death accounts, and real property that passes outside probate but may be available to satisfy claims if the estate is short on funds.
  • List legal claims: Include survival claims (like a pending personal injury claim) as estate assets; list any wrongful death claim in the separate wrongful death section of the inventory.
  • Meet core deadlines: File the 90‑day inventory within three months of qualification and publish notice to creditors, then file the Affidavit of Notice with the Clerk.
  • Personal representative controls claims: Only the duly appointed administrator can pursue, settle, and allocate survival and wrongful death claims; wrongful death settlements may require court approval unless all adult beneficiaries consent in writing.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Your father died intestate, so you and your sibling are the heirs. As administrator, you must list probate assets and the pending Camp Lejeune personal injury claim as an estate asset. If the exposure caused his death, you would also list a wrongful death claim separately and handle it under the wrongful death statute. Even if your sibling retained counsel, the personal representative—not an individual heir—controls both the survival and wrongful death claims.

Process & Timing

  1. Who files: You, as applicant for administrator. Where: Clerk of Superior Court in the North Carolina county where your father lived. What: Application for Letters of Administration (AOC‑E‑202) with a preliminary inventory and any required bond. After qualification, publish a Notice to Creditors and plan to file the Affidavit of Notice to Creditors (AOC‑E‑307) with your 90‑day inventory. When: File the detailed Inventory for Decedent’s Estate (AOC‑E‑505) within three months of qualification.
  2. Claims management: After you receive Letters, notify the appropriate court/agency to substitute you as personal representative in any pending action and retain counsel as needed. If there is a wrongful death settlement, obtain required court approval unless all adult beneficiaries consent in writing.
  3. Wrap‑up: Pay valid claims in order of priority, keep wrongful death proceeds separate with a distinct accounting, and file a final account. If the estate remains open beyond one year, file annual accounts unless the Clerk extends deadlines.

Exceptions & Pitfalls

  • Wrongful death proceeds aren’t estate assets: Keep them separate, use them only for the limited expenses allowed by law, and distribute them to heirs; file a separate accounting.
  • Real property and joint accounts: These often pass outside probate but may be reachable to pay debts if the estate is short; list them in the “may be added to pay claims” section, not as probate assets.
  • Unliquidated claims: List survival claims (like Camp Lejeune personal injury) even if the value is undetermined; update with a supplemental inventory if values change.
  • Notice to creditors: If the only asset is a wrongful death claim, published notice may not be required; otherwise, failure to give notice can affect creditor deadlines.
  • Inventory compliance: Missing the 90‑day inventory can trigger court orders and possible removal; ask the Clerk for a short extension if needed.

Conclusion

When you open a North Carolina intestate estate, include all probate assets, disclose nonprobate items that may be reached to pay claims, and list legal claims properly: survival actions as estate assets and any wrongful death claim separately. As personal representative, you control both claims. Next step: apply for Letters of Administration with the Clerk of Superior Court, publish notice to creditors, and file your 90‑day inventory within three months of qualification.

Talk to a Probate Attorney

If you’re dealing with opening a North Carolina estate and listing assets while continuing a Camp Lejeune claim, 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.

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.