Responding to a Personal Representative Withholding Estate Assets in North Carolina Probate

1. Detailed Answer

When someone serves as a personal representative in a North Carolina probate, they take on a legal duty to gather estate assets, pay valid debts and taxes, and distribute what remains to beneficiaries. North Carolina law makes it clear that a personal representative must account for all assets and cannot withhold property or funds. Under N.C. Gen. Stat. § 28A-13-1, the representative must take possession of decedent assets and protect them. When assets disappear or the representative refuses to provide information, beneficiaries can use several legal tools to enforce their rights.

First, you should demand a full inventory and accounting. North Carolina law requires a personal representative to file an inventory and periodic account under N.C. Gen. Stat. § 28A-13-19. If the representative fails to respond, you can petition the clerk of court to issue a citation to compel an accounting. This petition triggers a court hearing where the representative must explain why they have not complied.

If the personal representative still withholds assets or fails to account, you can ask the court to remove them. Under N.C. Gen. Stat. § 28A-15-1, the court may remove a representative for neglect of duty, misconduct or refusal to administer the estate. In many cases, the same petition for citation will allow you to request removal of the representative and appointment of a successor.

Finally, you can seek a monetary surcharge against the personal representative. The court may order a surcharge under N.C. Gen. Stat. § 28A-18-2 to recover any losses the estate suffered because of the representative’s wrongful actions or omissions. If the representative posted a bond, you can also file a claim against that bond to recoup missing assets or damages.

2. Key Steps to Take

• Review existing probate filings and identify missing or withheld assets.
• Send a written request for an inventory and accounting under N.C. Gen. Stat. § 28A-13-19.
• File a petition for citation to compel the representative to account under N.C. Gen. Stat. § 28A-15-1.
• Ask the court to remove the representative for neglect or refusal to administer the estate under N.C. Gen. Stat. § 28A-15-1.
• Pursue a surcharge to recover estate losses under N.C. Gen. Stat. § 28A-18-2.
• Assert a claim against the personal representative’s bond, if one is on file.
• Work with an experienced probate attorney who can guide you through each step and protect your rights.

Withholding estate assets can delay distributions and harm beneficiaries. Pierce Law Group has attorneys who handle probate disputes every day. We can review your situation, prepare the necessary petitions, and represent you in court. Reach out now to protect your inheritance. Email intake@piercelaw.com or call (919) 341-7055.