What rights do North Carolina heirs have when a surviving spouse blocks access and handles estate assets?

Detailed Answer

When a spouse survives the decedent and assumes responsibility for estate assets, North Carolina law gives heirs clear rights. A surviving spouse may act as personal representative if appointed by the clerk of superior court, but they must follow statutory duties. If the spouse is not appointed, they hold no authority to control estate property.

Under Chapter 28A of the North Carolina General Statutes, a personal representative must:

• Gather and protect estate assets
• File an inventory and appraisal within 90 days after letters issue (G.S. § 28A-13-5)
• Provide heirs and interested parties with an accounting of receipts, expenses, and distributions (G.S. § 28A-13-15)
• Distribute property according to the will or, if there is no will, under North Carolina’s intestate succession laws (G.S. § 29-14)

If the surviving spouse refuses access to estate records or assets, heirs can petition the clerk of superior court in the county where probate is pending. They may:

• Request an order compelling inventory and accounting
• Seek removal of the personal representative for misconduct or failure to perform duties (G.S. § 28A-13-12)
• Ask the court to appoint a different personal representative if the spouse is unfit or fails to act

Heirs also retain rights to certain allowances and exempt property before distribution of assets. The surviving spouse may claim these first, but heirs may object if the claim exceeds legal limits:

• Family allowance up to $12,000 for support (G.S. § 30-14)
• Exempt property up to $50,000 in value (G.S. § 30-15)

Key Rights and Options for Heirs

• Right to Inventory: Petition for a full list of estate assets under G.S. § 28A-13-5.
• Right to Accounting: Demand a detailed statement of estate transactions under G.S. § 28A-13-15.
• Right to Object: File objections to inventories, accountings, or claims for allowances or exempt property.
• Right to Seek Removal: Ask the court to remove a non-compliant personal representative under G.S. § 28A-13-12.
• Right to Petition: Request appointment of a different personal representative for cause.
• Rights under Intestacy: Heirs inherit under G.S. § 29-14 if there is no valid will.
• Right to Allowances: Challenge any family allowance or exempt property claim that unfairly reduces the heirs’ share.

If a surviving spouse blocks your access to estate assets or fails to perform required duties, you have legal remedies. Acting quickly preserves your right to property and fair distribution.

Call to Action
Probate administration can become complex when a spouse handles estate assets alone. At Pierce Law Group, our attorneys guide heirs through every step of probate. Contact us today to protect your inheritance. Email us at intake@piercelaw.com or call (919) 341-7055.