Short Answer

In North Carolina, the administrator must identify and safeguard assets, file a detailed inventory within three months, publish notice to creditors, pay valid claims in order, and file annual/final accounts before distributing remaining assets under the Intestate Succession Act. Heirs who are not receiving information can ask the Clerk of Superior Court to compel an inventory or accounting, and the clerk can remove an administrator who fails to comply.

Understanding the Problem

You want to know how, under North Carolina probate, you can ensure an intestate estate is handled correctly so heirs receive their fair shares. Here, your brother opened the estate and moved into your mother’s house, but the inventory lists only a vehicle and you’ve received no information or distributions. You’re looking for the specific steps to require proper administration and fair sharing.

Apply the Law

Under North Carolina law, the personal representative (administrator) owes fiduciary duties to gather, protect, and report estate assets, pay claims, and distribute what remains according to the intestacy statutes. The Clerk of Superior Court (Estates Division) oversees compliance. A sworn inventory is due within three months of qualification; annual and final accounts show receipts, disbursements, and distributions. Real property vests in heirs at death in an intestate estate; the administrator needs a court order to take possession of real estate for estate purposes. Heirs may request information and can move the clerk to compel inventories or accountings and, if necessary, to remove a noncompliant administrator.

Key Requirements

• Timely, complete inventory: Within three months of qualification, the administrator files a detailed inventory and later files a supplemental inventory if new assets are found or values change.
• Notice to creditors and claim payment: The administrator publishes and mails required notices, then pays valid claims in statutory order before any heir distributions.
• Annual and final accounts: If the estate remains open beyond a year, the administrator files annual accounts and must file a final account before discharge.
• Real property handling: In intestacy, title to non-survivorship real estate vests in heirs; the administrator needs a court order to take possession for estate administration.
• Heir oversight and remedies: Any interested heir can ask the clerk to compel an inventory or accounting, examine persons holding estate property, and seek removal or surcharge for breaches.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory within three months) – Inventory deadline and scope.
• North Carolina Gen. Stat. § 28A-21-4 (Compelling accounts) – Clerk may order a full accounting within 20 days and enforce compliance.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties; possession of real property) – Administrator may seek court authority to take possession of real property for estate purposes.
• North Carolina Gen. Stat. § 29-15 (Intestate succession—order of distribution) – Sets who inherits when there’s no will.

Analysis

Apply the Rule to the Facts: If your brother qualified as administrator, he must file a sworn inventory within three months; listing only a vehicle suggests either there are no other probate assets or the inventory is incomplete. If other assets exist or values were omitted, a supplemental inventory is required. Because the home passed to the heirs at death (intestacy), it may not appear as an estate asset unless the clerk authorizes the administrator to take possession for estate purposes; however, you still co-own it as an heir.

Process & Timing

1. Who files: Any interested heir. Where: Clerk of Superior Court, Estates Division, in the county where the estate is administered. What: A written motion/petition in the estate file to compel a complete inventory and an accounting (and, if needed, to examine persons holding estate property or to remove the administrator). When: After the three-month inventory deadline passes or when omissions are suspected; the clerk can order a full accounting within 20 days of service.
2. Request copies of the filed Inventory for Decedent’s Estate (AOC‑E‑505) and the Annual/Final Account (AOC‑E‑506) from the clerk; if not filed or incomplete, ask the clerk to issue orders compelling compliance. Timeframes vary by county, but clerks typically set prompt show‑cause hearings for noncompliance.
3. If administration requires control of the house (e.g., to safeguard, insure, or sell to pay claims), ask the administrator to petition the clerk for authority to take possession of the real property. After claims are resolved and accounts approved, the administrator files a final account and the estate distributes according to the intestacy statutes.

Exceptions & Pitfalls

• Assets that pass outside probate (joint accounts with survivorship, POD/TOD designations, life insurance to a named beneficiary) may not appear in the estate inventory unless needed to pay claims.
• The home vests in heirs at death in an intestate estate; the administrator needs a court order to take possession for estate purposes. Estate funds should not be used to maintain real property without proper authority.
• If the administrator fails to file required reports, the clerk can compel filings, hold a hearing, and may remove the administrator; heirs should ensure proper service and follow local clerk procedures.

Talk to a Probate Attorney

If you’re dealing with a North Carolina intestate estate and aren’t getting inventories, accountings, or clarity on the house, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.