Short Answer

In North Carolina, the personal representative must file a full inventory within three months after qualifying and file annual/final accounts. If that has not happened, an heir can ask the Clerk of Superior Court to order the fiduciary to file the inventory or account within a set time (at least 20 days). The clerk can remove the fiduciary or hold them in contempt if they do not comply. You may also file a proceeding to examine anyone holding estate property and obtain a turnover order, and seek appointment as administrator if the current fiduciary is failing in their duties.

Understanding the Problem

In North Carolina probate, can an heir require a complete inventory and accounting when an estate has been open but no inventory has been filed? Here, an intestate parent’s estate remains open with no inventory filed, and personal property is sitting at a home/building occupied by a sibling.

Apply the Law

North Carolina law requires a personal representative to file an inventory of estate assets within three months of qualification and to file annual and final accounts while the estate remains open. If the fiduciary does not file, any “interested person” (such as an heir) can ask the Clerk of Superior Court to order compliance within a specific time. If estate property is held by others, an interested person may file an estate proceeding to examine those persons and seek an order to recover the property. The Clerk has authority to enforce these duties and, if necessary, to remove the fiduciary and appoint a successor. The Clerk of Superior Court in the county where the estate is administered is the forum. Key deadlines include the 3‑month inventory deadline and a minimum 20‑day compliance period after a clerk’s order to file.

Key Requirements

• Standing as an interested person: As an heir, you may request orders compelling an inventory or accounting and seek other estate relief.
• 90‑day inventory duty: The personal representative must file a complete inventory within three months of qualification.
• Compel filing: You can move the Clerk to order the fiduciary to file an inventory or an annual/final account within at least 20 days, with potential removal or contempt for noncompliance.
• Discover and recover assets: File a verified petition to examine persons reasonably believed to possess estate property and seek an order requiring turnover.
• Change fiduciary if needed: If the fiduciary fails in their duties, petition to remove them and appoint a successor; a successor must still account.
• Bond and safeguards: The Clerk can require or increase bond and issue orders to protect and preserve estate assets.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – requires filing a complete inventory after qualification.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – Clerk orders filing within a set time; possible removal or contempt.
• North Carolina Gen. Stat. § 28A-21-4 (Compel accounting) – Clerk may order a full account within 20 days; possible removal or contempt.
• North Carolina Gen. Stat. § 28A-15-12 (Proceeding to discover assets) – allows examination of persons holding estate property and recovery orders.

Analysis

Apply the Rule to the Facts: As next of kin in an intestate estate with no inventory on file, you are an “interested person” who can ask the Clerk to order the fiduciary to file the overdue 90‑day inventory and, if the estate will remain open, a proper annual account. Because significant personal property appears to be in a sibling’s possession, you can file a verified petition to discover assets and seek a turnover order for estate items like antique tools and reenactment gear. If the current fiduciary and attorney remain unresponsive, you can petition for removal and request your own appointment as administrator; a successor must still account for all prior administration.

Process & Timing

1. Who files: Heir/next of kin (you). Where: Clerk of Superior Court, Estates Division, in the county where the estate is open. What: (a) Motion/petition to compel inventory and accounting; (b) Verified petition to discover assets and recover property; (c) If necessary, petition to remove and for appointment as successor administrator. Use Estate Proceeding Summons (AOC‑E‑102) to serve respondents; inventories/accounts use AOC‑E‑505 and AOC‑E‑506. When: Inventory is due within 3 months of qualification; after a clerk’s order, the fiduciary gets at least 20 days to comply.
2. Next step: The Clerk typically issues an order to file or show cause. If the fiduciary does not comply, the Clerk sets a hearing and may remove the fiduciary or hold them in civil contempt. In the discovery‑of‑assets proceeding, the Clerk conducts a hearing; subpoenas under Rule 45 may be used. Timing varies by county.
3. Final step and outcome: Expect a written order compelling a full inventory/accounting and, if warranted, removal with issuance of new Letters to a successor. In the discovery‑of‑assets case, the Clerk can order identified estate property to be delivered to the estate and enforce the order by contempt. The estate then proceeds to proper accounting and distribution.

Exceptions & Pitfalls

• Spousal year’s allowance and certain transfers (e.g., some vehicles) may be validly outside the probate estate and will not appear on the inventory.
• Jointly titled or payable‑on‑death assets are often non‑probate; compelling inclusion is improper unless funds were used for estate obligations.
• Do not use self‑help to remove items from a sibling’s home; seek a discovery‑of‑assets order and proper service.
• The Clerk can order turnover of property but cannot award money damages in this proceeding; a separate civil action may be required for damages.
• If you seek appointment as administrator, be prepared to post bond unless fully waived by law and the Clerk; the amount depends on personal property value.

Talk to a Probate Attorney

If you’re dealing with a missing inventory or accounting and estate property in someone else’s hands, 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.