Short Answer

In North Carolina, the personal representative must file a detailed inventory with the Clerk of Superior Court within three months of qualifying and must publish a notice to creditors in a qualified local newspaper, then mail notice to known or reasonably ascertainable creditors within 75 days. The first publication sets a claims deadline at least three months out; some creditors get a longer, 90-day window from personal notice. Proof of publication and mailing is filed with the inventory.

Understanding the Problem

You are the court‑appointed administrator in North Carolina and need to: (1) inventory all estate assets, and (2) publish and send a notice to creditors so claims can be barred on time. Because a bank offset left no liquid cash, you still must meet the inventory and notice deadlines while planning how to cover costs and handle claims.

Apply the Law

North Carolina law requires an administrator to itemize and value estate assets as of the date of death and to file an inventory within three months of qualification in the county’s Clerk of Superior Court. After letters are issued, the administrator must publish a general notice to creditors for four consecutive weeks in a qualifying local newspaper and must also send personal notice within 75 days to creditors who are known or can be found with reasonable diligence (including the state Medicaid agency if applicable). The published notice sets a claims bar date at least three months from first publication; a creditor who receives mailed notice may have up to 90 days from mailing if that date is later. Proof of the published and mailed notices is filed with the inventory. Claims are later paid by statutory priority.

Key Requirements

• File the 90‑day inventory: List and value all probate assets as of date of death and file within three months of qualification with the Clerk of Superior Court.
• Publish general notice: Run once a week for four consecutive weeks in a newspaper authorized for legal ads in the county of administration; include the mailing address and the claim deadline (at least three months from first publication).
• Mail personal notice: Within 75 days of qualification, send the notice to known or reasonably ascertainable creditors (and the Division of Health Benefits if the decedent received Medicaid).
• File proof with inventory: File the newspaper’s affidavit of publication, a copy of the published notice, and the Affidavit of Notice to Creditors (AOC‑E‑307) confirming mailed notices.
• Use the right form and detail: Use Inventory for Decedent’s Estate (AOC‑E‑505); include vehicle VIN/title and real property address/legal/tax parcel details.
• Track claim bars and priorities: Monitor the bar dates and later pay allowed claims in statutory order if assets are available.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑20‑1 (Inventory due in three months) – Requires filing a just and true inventory of estate assets within three months of qualification.
• North Carolina Gen. Stat. § 28A‑14‑1 (Notice to creditors) – Requires four weeks’ publication and personal notice within 75 days to known creditors (and Medicaid when applicable).
• North Carolina Gen. Stat. § 28A‑19‑3 (Non‑claim statute) – Bars claims not presented by the published deadline or within 90 days of mailed notice if later; identifies exceptions.
• North Carolina Gen. Stat. § 28A‑19‑6 (Priority of claims) – Sets the order for paying allowed claims and expenses.

Analysis

Apply the Rule to the Facts: As administrator, you must file AOC‑E‑505 within three months, listing the vehicle and the house with date‑of‑death values and proper identifiers. Despite the bank’s setoff leaving no cash, you still must publish the creditor notice for four consecutive weeks and mail notices within 75 days to known creditors (e.g., the mortgage lender, medical and card creditors, and Medicaid if applicable). File the newspaper affidavit, the notice copy, and AOC‑E‑307 with your inventory. Later, pay allowed claims by statutory priority when assets are available.

Process & Timing

1. Who files: The administrator. Where: Clerk of Superior Court in the county of the decedent’s domicile. What: Inventory for Decedent’s Estate (AOC‑E‑505); arrange the published Notice to Creditors; send personal notices; file Affidavit of Notice to Creditors (AOC‑E‑307) with the inventory. When: Publish shortly after qualification; mail personal notices within 75 days; file the inventory and proof of notice within three months of qualification.
2. After publication, track the bar date (at least three months from first publication). Keep copies of mailed notices and the newspaper’s affidavit. Counties vary in how they confirm publication, but most require the publisher’s affidavit and your AOC‑E‑307.
3. Once the bar date passes, evaluate and classify claims by priority. If cash is needed, consider selling the vehicle or seeking authority to join in a sale of the real property. Finalize by filing the appropriate account after claims and costs are addressed.

Exceptions & Pitfalls

• Verbal disclaimers do not count; heirs who wish to disclaim must do so in a written, compliant disclaimer before transfers.
• Do not skip mailing to known creditors (including the mortgage lender and, if applicable, Medicaid). Missing a required mailed notice can defeat the bar.
• Publish in a newspaper authorized for legal ads in the county of administration; if none exists, follow the posting alternatives allowed by law.
• Inventory detail matters: list the vehicle by VIN/title and real property with address and legal/tax parcel; use date‑of‑death values.
• If there is no cash, plan for costs: publication and court fees are estate expenses; you may need to liquidate personal property or coordinate a sale with proper authority.
• Sales of real property by heirs within two years after death can be void as to creditors unless a personal representative has published notice and joins in the conveyance; coordinate any sale with the estate.

Talk to a Probate Attorney

If you’re dealing with a North Carolina estate that needs an inventory and creditor notice, 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.