Short Answer

In North Carolina, you can ask the Clerk of Superior Court to order the personal representative to provide a full, verified accounting and to correct the inventory. The clerk can compel an accounting within 20 days, require a supplemental inventory for missing assets, and, if needed, remove the representative or hold them in contempt. You can also petition to examine people who may have the estate’s property to locate and recover missing funds.

Understanding the Problem

In North Carolina probate, what can a surviving spouse do when the administrators won’t provide an accounting, especially after estate life insurance proceeds appear to be missing from the inventory? The Clerk of Superior Court oversees estate administration and can order accountings, correct inventories, and address misconduct. If your informal emails go unanswered, formal remedies exist to protect your inheritance and ensure all estate assets are disclosed.

Apply the Law

North Carolina law requires personal representatives to file a 90-day inventory, annual or final accounts, and to support disbursements with records. When new assets are discovered or an item was omitted (like life insurance payable to the estate), a supplemental inventory is required. If the representative won’t account, any interested person, including a surviving spouse, can petition the Clerk of Superior Court to compel a full, satisfactory accounting within a set time. The clerk can also order an examination to locate and recover estate property.

Key Requirements

• Standing: A surviving spouse is an “interested person” who may ask the clerk to compel an accounting and inventory correction.
• Inventory duties: The personal representative must file a 90-day inventory and file a supplemental inventory when assets are omitted or values need correction. Life insurance payable to the estate is a probate asset.
• Accounting duties: If the estate remains open beyond a year, the representative must file annual accounts; a final account is required at closing. Accounts must list receipts (including insurance proceeds paid to the estate), disbursements, and balances, with supporting documentation.
• Compel order: On petition, the clerk can order a full, satisfactory account within 20 days and enforce compliance.
• Property recovery tool: You can petition to examine persons reasonably believed to possess estate property and seek recovery through the estate proceeding.
• Enforcement: If the representative doesn’t comply, the clerk may remove them or hold them in contempt; a successor can be appointed and a final account required.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-21-4 (Order to compel accounting) – Clerk may order a full, satisfactory account within 20 days and enforce by removal or contempt.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – Requires updating or correcting the inventory when omitted or misstated.
• North Carolina Gen. Stat. § 28A-15-12 (Recover estate property; examinations) – Allows proceedings to examine persons believed to hold estate property and to recover it.
• North Carolina Gen. Stat. § 28A-2-6 (Estate proceedings procedure) – Sets procedures for petitions before the clerk, service, and hearings.

Analysis

Apply the Rule to the Facts: As the surviving spouse, you are an interested person and may ask the clerk to compel a full accounting. Because the insurance proceeds were paid to the estate but omitted from the inventory, the representative must file a supplemental inventory and show the funds as receipts in the accountings. If the administrators and their lawyer ignore you, a petition to compel accounting and to require a supplemental inventory puts the matter before the clerk, who can order compliance within 20 days and, if needed, order examinations to locate and recover the missing proceeds.

Process & Timing

1. Who files: The surviving spouse (as an interested person). Where: Clerk of Superior Court in the North Carolina county where the estate is open. What: Verified petition to compel accounting and require a supplemental inventory, and (as needed) a petition to examine persons holding estate property; have the clerk issue an Estate Proceeding Summons (AOC‑E‑102). When: File as soon as the omission or nonresponse is clear; once the clerk orders an accounting, the representative typically has 20 days to comply.
2. Serve respondents under Rule 4. The clerk schedules a hearing. If the accounting or supplemental inventory is deficient, the clerk can order specific corrections and set short deadlines. County scheduling practices vary.
3. If the representative still does not comply, request enforcement: removal of the representative, contempt, appointment of a successor, and an order for recovery of missing funds. The clerk’s written order will control next steps in the estate file.

Exceptions & Pitfalls

• If the policy named a living individual beneficiary, those proceeds are non‑probate and won’t appear on the inventory or accounts.
• An extension for filing accounts may be granted, but it must be approved by the clerk; informal delays are not enough.
• Don’t rely on emails to the estate’s lawyer; you need a formal petition and proper service to trigger the clerk’s enforcement powers.
• If you receive a formal notice of a proposed final account and do not object within 30 days of proper service, you may lose challenges to items disclosed there.

Talk to a Probate Attorney

If you’re dealing with a missing asset or a personal representative who won’t account, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.