Short Answer

In North Carolina, the guardianship (conservatorship) ends at death and a personal representative (executor or administrator) takes over after qualifying with the Clerk of Superior Court. The personal representative files a detailed 90‑day inventory, publishes and mails notice to creditors, secures and manages any remaining assets (like the home), and may recover certain nonprobate funds if needed to pay valid claims. You should obtain the former guardian’s records and final account to complete the inventory and administration.

Understanding the Problem

North Carolina: Can your spouse, as likely executor, inventory and manage the estate after a court‑appointed guardian of the estate handled finances during life? The decedent’s will has not been probated, and only the primary home remains.

Apply the Law

After death, a guardian of the estate’s authority ends. The person named executor must offer the will for probate and qualify before the Clerk of Superior Court to receive Letters. Once appointed, the personal representative (PR) must identify, secure, and value estate assets; file a complete inventory within three months; give notice to creditors; and pay valid claims in the statutory order before distributing any remainder. Real property generally vests in heirs or devisees at death, but the PR can seek possession or a court‑authorized sale if needed to pay claims or if the will gives the PR that power. Nonprobate items like life insurance with named beneficiaries usually bypass the estate, but some survivorship or payable‑on‑death funds can be pulled in solely to pay claims if the estate is short.

Key Requirements

• Qualify as personal representative: Offer the will, apply for Letters, and post bond if required before acting for the estate.
• Get the guardian’s records: Request the former guardian’s final account and all financial records to identify assets, sales, and balances at death.
• File the 90‑day inventory: Within three months, list estate assets with date‑of‑death values; add supplemental inventories if new items are found.
• Give notice to creditors: Publish notice and mail to known creditors (including Medicaid, if applicable) to trigger claim deadlines.
• Secure and manage the home: Preserve, insure, and maintain; seek possession or court authority if you need to sell to pay claims.
• Locate and collect accounts: Use records, claims tools, and court processes to find unknown bank accounts and recover estate property when appropriate.

What the Statutes Say

• N.C. Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – The personal representative must file a detailed inventory within three months after qualification.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing to known creditors and sets claim deadlines.
• N.C. Gen. Stat. § 28A-15-12 (Actions to recover estate property) – Lets the PR examine persons and recover property belonging to the estate.
• N.C. Gen. Stat. § 108A-70.5 (Medicaid estate recovery) – Authorizes recovery of certain Medicaid costs from the estate; treat the State as a known creditor.

Analysis

Apply the Rule to the Facts: Here, only the primary home remains because the court‑appointed guardian sold most assets during life. Your spouse should first qualify as executor, obtain the guardian’s final account and records, and file the 90‑day inventory listing the home and any known probate assets. Publish and mail notice to creditors (including Medicaid if benefits were received), list life insurance with named beneficiaries as non‑estate unless payable to the estate, and search for unknown bank accounts; if the estate lacks funds to pay claims, consider recovering certain survivorship funds or seeking authority to sell the home.

Process & Timing

1. Who files: The named executor. Where: Clerk of Superior Court in the decedent’s North Carolina county of domicile. What: Application for Probate and Letters (AOC‑E‑201) to open the will and qualify; then publish a Notice to Creditors and file the Inventory for Decedent’s Estate (AOC‑E‑505). When: File the inventory within three months after qualification; publish and mail creditor notices promptly.
2. Request the guardian of the estate’s final account and records from the Clerk’s guardianship file; reconcile prior sales and remaining balances; secure and insure the home immediately. If cash is needed to pay valid claims, evaluate will authority or petition the Clerk for permission to take possession and, if required, sell the real property.
3. After the claims period, pay valid claims in the statutory order, complete any court‑approved real estate sale if necessary, distribute any remainder under the will, and file the final account to close the estate.

Exceptions & Pitfalls

• Life insurance with a living, named beneficiary generally is not an estate asset and usually is not available to pay claims; confirm the beneficiary and whether the estate is named.
• Medicaid estate recovery: Treat the State as a known creditor and mail notice; this starts the clock for any claim.
• Real property: Title vests in heirs or devisees at death; do not assume you can sell the home without will authority or a court order. Seek possession or sale authority if needed to pay claims.
• Joint and payable‑on‑death accounts: They pass outside probate, but the PR may recover some funds solely to pay claims if the estate is insolvent; they are not distributable estate assets.
• Household furnishings in the home place may have special protections if the decedent left a surviving spouse; confirm before selling.
• If the former guardian or another party holds estate assets or records, use the Clerk’s estate proceeding to examine and compel delivery.

Talk to a Probate Attorney

If you’re facing an estate where a guardian managed finances and only the home remains, our firm can help you qualify, inventory assets, handle creditor issues, and protect the property. Contact us today to discuss your options and timelines.

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.