What steps do I take if the estate inventory was filed incorrectly by the fiduciary? – North Carolina

Short Answer

In North Carolina, if an estate inventory is wrong or misleading, the personal representative must correct it by filing a supplemental inventory with the Clerk of Superior Court. If the fiduciary will not fix it, any interested person can ask the clerk to order a corrected filing—often with a 20-day deadline—and the clerk may audit the accounts, adjust the bond, and, for serious misconduct, consider sanctions or removal. Minor changes can sometimes be reflected on the next annual account, but material errors should be corrected promptly.

Understanding the Problem

In North Carolina probate, how do I get the personal representative to correct an inaccurate inventory filed with the Clerk of Superior Court, especially if the error will throw off the estate’s annual accounting? Here, the fiduciary filed an incorrect online inventory.

Apply the Law

Under North Carolina law, the fiduciary must file a detailed inventory within three months of qualifying, listing estate assets at date-of-death values. When the fiduciary later discovers the inventory is erroneous or misleading—or learns about assets that were omitted—they must file a supplemental inventory to correct or add to the original. The Clerk of Superior Court oversees estate administration and can compel filings, audit accounts to ensure all inventoried assets are accounted for, and adjust the bond. If a fiduciary refuses to comply with orders or engages in misconduct, the clerk can consider contempt or removal. The main forum is the Clerk of Superior Court in the county where the estate is pending; the key timing triggers are the initial three-month inventory deadline and any 20-day compliance period set by the clerk’s order.

Key Requirements

• Standing: You must be an interested person (for example, an heir, devisee, or creditor) to request correction or court involvement.
• Duty to correct: If the inventory is incomplete, erroneous, or misleading, the fiduciary must file a supplemental inventory to fix the record.
• Timing: The initial inventory is due within three months after qualification; if the clerk orders a correction, the fiduciary typically must comply within at least 20 days.
• Procedure: File a verified petition or motion in the estate file asking the clerk to order a corrected/supplemental inventory and, if needed, to audit the accounting and adjust the bond.
• Outcomes: The clerk may order corrective filings, audit accounts, adjust fees/bond, and—if misconduct is shown—consider sanctions or removal.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due within three months) – timing and content of the inventory.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventories) – correct errors and add omitted assets.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – clerk’s orders, 20-day deadlines, and enforcement.
• North Carolina Gen. Stat. § 28A-9-1 (Revocation of letters) – grounds to remove a fiduciary for default or misconduct.

Analysis

Apply the Rule to the Facts: Because the fiduciary filed an incorrect online inventory, you (as an interested person) can ask the Clerk of Superior Court to order a supplemental inventory correcting the errors. If the wrong item listed is life insurance payable to a named beneficiary, that generally is not a probate asset and should be removed from the probate inventory. Getting the inventory corrected now helps prevent mismatches in the annual account and ensures the bond and fees are calculated on the right figures.

Process & Timing

1. Who files: An interested person (heir/beneficiary/creditor). Where: Clerk of Superior Court in the county where the estate is pending. What: A verified petition or motion in the estate file asking the clerk to order a corrected/supplemental inventory (the fiduciary uses INVENTORY FOR DECEDENT’S ESTATE, AOC‑E‑505; there is no separate AOC form for a supplemental inventory). For a contested request, have the clerk issue an ESTATE PROCEEDING SUMMONS (AOC‑E‑102) for service. When: As soon as the error is discovered; the original inventory is due within three months of qualification, and clerk orders commonly require compliance within 20 days of service.
2. The clerk may set a hearing. Bring documents showing the error (e.g., beneficiary designation confirming life insurance is non-probate) and propose a corrected schedule of assets and values. Timeframes vary by county.
3. After the hearing, expect an order directing the fiduciary to file a supplemental inventory and, if needed, adjusting the bond and instructing how to reflect corrections on the next annual account. Noncompliance can trigger further orders or a removal proceeding.

Exceptions & Pitfalls

• Honest mistakes happen; willful concealment or false reporting is different and can support sanctions or removal. Focus first on getting the record corrected.
• Listing something on an inventory does not convert it into an estate asset; misclassified non-probate assets (like life insurance payable to a named beneficiary) should be removed or reclassified.
• Some fiduciaries try to fix small errors on the annual account; material errors should be corrected with a supplemental inventory so the clerk’s audit and bond are based on accurate figures.
• Serve all required parties with the petition and summons; missing service can delay relief. Local scheduling and e-filing procedures can vary, and procedures can change.

Talk to a Probate Attorney

If you’re dealing with an inaccurate estate inventory and need it corrected before it affects the annual accounting, 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.