Understanding Your Rights as a Beneficiary

When someone you love passes away, the executor (also called a personal representative) must collect, manage, and distribute the estate assets according to North Carolina law. Under N.C. Gen. Stat. § 28A-15-3, the executor must file an inventory and appraisal of the estate with the clerk of superior court. If the executor refuses to share appraisal details or assigns unreasonably low values to property, beneficiaries can take several steps to protect their inheritance.

1. Request a Copy of the Inventory and Appraisal

Every beneficiary has the right to examine the estate inventory and appraisals filed in the clerk’s office. You can:

• Visit the local clerk of superior court and request certified copies.
• Ask the executor directly to provide digital or paper copies of all estate paperwork.

2. Demand an Accounting

Under N.C. Gen. Stat. § 28A-18-1, beneficiaries may ask the court to compel the executor to provide a formal accounting of all estate transactions. An accounting shows:

• The assets the executor collected.
• Income earned.
• Expenses paid.
• Distributions made to beneficiaries.

If the executor refuses, you can file a petition with the clerk of superior court requesting an order for accounting.

3. Seek Independent Appraisals

If you believe property is significantly undervalued, you can:

• Hire a qualified appraiser to conduct an independent valuation.
• Submit the new appraisal to the court as evidence.

The court may then adjust the estate values and rebalance distributions.

4. File Objections or a Motion for Surcharge

Under N.C. Gen. Stat. § 28A-18-2, beneficiaries can file objections to the accounting or inventory. If the executor’s misconduct has caused financial harm, you may also file a motion for surcharge, asking the court to hold the executor personally responsible for any losses caused by undervaluation or misconduct.

5. Petition for Removal of the Executor

If the executor repeatedly fails to fulfill duties or acts in self-interest, beneficiaries can petition the court to remove and replace the executor. The court will consider evidence of bad faith, refusal to act, or conflict of interest when deciding removal.

Key Takeaways for Beneficiaries

• Under N.C. Gen. Stat. § 28A-15-3, executors must file a complete inventory and appraisal.
• Beneficiaries can request a formal accounting under N.C. Gen. Stat. § 28A-18-1.
• You have the right to hire an independent appraiser if you question values.
• Objections and motions for surcharge help correct undervaluation.
• The court can remove an executor for misconduct or failure to act.

Contact Pierce Law Group for Probate Assistance

Protecting your inheritance rights starts with timely action. At Pierce Law Group, our attorneys know North Carolina probate rules inside out. If an executor withholds appraisal details or undervalues your loved one’s estate, we can help you obtain the information you need and enforce the law.

Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. Let us guide you through the probate process and safeguard your rights.