Short Answer

North Carolina law does not require an on‑the‑spot, signed “inventory” before a personal representative removes estate property. The administrator must file a formal inventory with the Clerk within 90 days of qualifying and keep records for accounting. As the surviving joint owner of the home, you can control access to your property and ask the Clerk of Superior Court for orders requiring written receipts, supervised access, or other safeguards before items leave the house.

Understanding the Problem

In North Carolina probate, can you make the court‑appointed administrator sign an inventory before taking items? The decision turns on who controls entry, what the administrator must file, and how you can get court‑ordered safeguards. Here, you are the sole surviving joint owner of a house with survivorship, and the administrator wants to enter and inventory belongings but refuses to sign anything.

Apply the Law

Under North Carolina law, the administrator (personal representative) must identify and safeguard probate assets, file a detailed inventory with the Clerk within three months of qualification, and later account for what was collected, kept, or distributed. Title to the decedent’s personal property vests in the administrator at qualification for administration purposes, but title to real estate with survivorship passes to the survivor at death. The Clerk of Superior Court oversees the estate and can issue orders to protect property, require timely filings, and enforce compliance.

Key Requirements

• Inventory duty within 90 days: The administrator must file the court’s inventory form listing probate assets and values; supplemental inventories are required if new items surface.
• Control of estate personal property: The administrator may collect the decedent’s personal property and must preserve it, document it, and later account for it.
• Limited rights in your home: Real property held with survivorship is yours; the administrator has no automatic right to control or enter it and should seek your consent or a court order for access related to estate items.
• Clerk’s protective powers: You may petition the Clerk to require written receipts, set supervised entry, bar removals without documentation, or order earlier filing or show‑cause remedies if deadlines are missed.
• Recovery tools if items go missing: An interested person can start an estate proceeding to examine those holding estate property and seek an order to return it, enforceable by contempt.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – Requires the administrator to file an inventory within three months of qualification.
• North Carolina Gen. Stat. § 28A-20-2 (Order to file; enforcement) – Authorizes the Clerk to order filing within a set time and to enforce compliance.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties) – Gives the administrator power to collect personal property and, by court process when needed, access real property for administration purposes.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property at death) – Personal property vests in the administrator at qualification; real property vests in heirs/devisees (survivorship passes outside the estate).

Analysis

Apply the Rule to the Facts: Because your home is owned with survivorship, it is not an estate asset; you control access. The administrator cannot force entry to manage the house but can collect the decedent’s probate personal property. You can condition entry on reasonable safeguards (receipts, photographs, itemization). If the administrator refuses to document items, ask the Clerk to order written receipts and set supervised access. The administrator must still file a detailed 90‑day inventory and later account; the Clerk can enforce these duties.

Process & Timing

1. Who files: You (as an interested person/homeowner). Where: Clerk of Superior Court in the county where the estate is pending. What: A verified estate‑proceeding petition and Estate Proceeding Summons (AOC‑E‑102) asking the Clerk to (a) require written receipts for any removal, (b) set supervised access to your home for estate item retrieval, and (c) enforce the 90‑day inventory filing (Inventory form AOC‑E‑505). When: As soon as access or removal is disputed; the inventory is due within 90 days of the administrator’s qualification.
2. The Clerk sets a hearing and may enter interim protective orders. Timeframes vary by county; ask the Clerk’s office about scheduling. Orders are enforceable by contempt if violated.
3. After hearing, expect an order governing access, documentation (receipts/photo logs), and the inventory deadline. If items were removed without documentation, the Clerk can require recovery or proof and may set further accounting deadlines.

Exceptions & Pitfalls

• Your house with survivorship is not an estate asset; do not concede control of the premises. Allow reasonable access for estate item retrieval only with documentation.
• There is no legal requirement for a “signed on‑site inventory” before removal; focus on court‑ordered receipts, photo itemization, and strict accounting.
• If you believe non‑estate items (yours or another heir’s) were taken, promptly petition the Clerk to examine and order return of property; delays make recovery harder.
• Consider asking the Clerk to increase the administrator’s bond if there is risk of loss or poor record‑keeping.
• Life insurance payable to a named beneficiary is typically nonprobate and not listed on the estate inventory unless payable to the estate; confirmation often requires contacting employers/insurers or checking unclaimed property resources.

Talk to a Probate Attorney

If you’re dealing with an administrator who wants to remove items without documentation, our firm can help you secure protective orders and enforce inventory and accounting duties. Call us today to discuss your options and timelines.

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.