Short Answer

In North Carolina, heirs of someone who dies without a will are entitled to their shares under the intestacy laws and to basic information about the estate. The court‑appointed administrator must file a complete inventory within three months, provide annual/final accounts, and administer assets for all heirs—not for personal use. You may inspect the court file and ask the Clerk of Superior Court to order a full inventory/accounting and, if needed, to address real estate possession issues.

Understanding the Problem

In North Carolina probate, can you, as an heir, make the administrator share information and treat you fairly when your sibling (the administrator) has moved into your late mother’s house?

Apply the Law

When someone dies without a will in North Carolina, heirs take under the intestacy statutes, and the Clerk of Superior Court oversees the estate. The administrator (personal representative) must identify and safeguard estate assets, file a sworn inventory within three months of qualifying, update it if new assets are found, and file annual and final accountings. Real estate vests in the heirs at death, but the administrator can seek a court order to take possession if needed for administration (for example, to sell to pay claims). All filings are made and reviewed in the Clerk of Superior Court where the estate is pending.

Key Requirements

• Heirship and shares: If there is no will, heirs receive their shares set by North Carolina’s intestacy statutes.
• Inventory within three months: The administrator must file a complete, sworn inventory of probate assets within three months of qualification and supplement it if new assets are discovered or values change.
• Accountings and transparency: The administrator must file annual and final accounts; heirs may inspect the court file and request the Clerk to compel filings if overdue.
• Real property rules: Title to real estate passes to heirs at death; the administrator needs a court order to take possession/control unless the law or will (not applicable here) gives immediate control.
• Clerk oversight and remedies: The Clerk can order an inventory/accounting, and may remove or sanction an administrator who fails to comply.

What the Statutes Say

• NC Gen. Stat. § 28A-20-1 (Inventory due within three months) – Requires the administrator to file a sworn inventory within three months of qualification.
• NC Gen. Stat. § 28A-21-4 (Compel accounting) – Allows the Clerk or an interested person to seek an order compelling a full and satisfactory account; noncompliance can lead to removal or contempt.
• NC Gen. Stat. § 28A-13-3 (Administrator’s powers) – Lists powers, including seeking court authority to take possession of real property when needed for administration.
• NC Gen. Stat. § 29-15 (Intestacy shares—no spouse or beyond the spouse) – Establishes who inherits and in what proportions when there is no will.

Analysis

Apply the Rule to the Facts: Your mother died intestate in North Carolina, so you are an heir, and your share is set by the intestacy statutes. Because only a vehicle appears on the inventory, you can insist on a complete inventory and any necessary supplemental inventory if other probate assets exist. If the estate stays open beyond a year, you are entitled to see annual and final accounting filings and may ask the Clerk to compel them if late. Since your brother moved into the house, remember title to real estate vests in all heirs; he cannot exclude you, and the administrator can seek a court order to take possession if needed for administration.

Process & Timing

1. Who files: An heir. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is pending. What: A motion or verified petition in the estate file asking the Clerk to compel a full inventory (and supplemental inventory if needed) and to compel an annual/final account; use an Estate Proceeding Summons (AOC‑E‑102). When: After the three‑month inventory deadline passes or when required accountings are overdue.
2. If assets appear omitted, request an order for a supplemental inventory and, if appropriate, an examination of persons believed to hold estate property. The Clerk will notice a hearing; timelines vary by county, often several weeks.
3. If house possession is an issue, ask the Clerk to enter an order authorizing the administrator to take possession/control of the real property for estate administration. The Clerk’s written order will direct next steps; distribution follows approval of accounts.

Exceptions & Pitfalls

• Not every asset belongs on the probate inventory. Joint accounts with survivorship or beneficiary‑designated assets may pass outside the estate, though some can be reached to pay estate debts if the estate lacks funds.
• Real estate often doesn’t appear on the inventory by default; that doesn’t mean heirs have no rights. Title vests in heirs at death unless the administrator obtains a court order to take possession for administration.
• Don’t expect distributions before the claims process and required filings are complete. Premature payouts can be improper and delay closing.
• Service matters. Use the Estate Proceeding Summons (AOC‑E‑102) and proper service so the Clerk can act on your petition.

Talk to a Probate Attorney

If you’re dealing with a North Carolina intestate estate where information is missing or a sibling is occupying the home, our firm can help you understand your options and timelines. Call us today.

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.