Short Answer

In North Carolina, act quickly to get court authority and records. Petition the Clerk of Superior Court to open the intestate estate and issue Letters of Administration, then move to compel the former guardian (your sister) to file a final guardianship account and turn over assets and records. If you see wrongful transfers (like questionable payable-on-death designations), pursue recovery through the estate—by surcharge, constructive trust, or, if needed, an injunction to freeze funds.

Understanding the Problem

North Carolina; an heir; how to stop and recover assets after a parent dies intestate when a sibling previously managed money as court‑appointed guardian. You want to know if you can quickly secure funds and unwind questionable transfers. One key fact: the sister created payable‑on‑death accounts while serving under guardianship.

Apply the Law

Under North Carolina law, estate assets are gathered and administered under the supervision of the Clerk of Superior Court. When a ward dies, a guardian’s authority ends, but the guardian must account and deliver remaining assets to the decedent’s estate. The proper forum to open the estate is the Clerk in the county of domicile. Once appointed, an administrator has statutory duties and tools to locate, secure, and recover property, including discovery in estate proceedings, motions to compel accountings, and civil claims if fiduciary breaches occurred. An initial timing trigger is the inventory deadline after you qualify; the Clerk also can order delinquent fiduciaries to account within a short window.

Key Requirements

• Get authority: Apply for Letters of Administration so you (or another qualified person) can act for the intestate estate and demand records and assets.
• Compel the guardian’s final account: Ask the Clerk to order your sister (as former guardian) to file a complete accounting and deliver estate property; the Clerk can enforce compliance.
• Secure and trace assets: After appointment, obtain bank records, trace transfers (including POD setups), and marshal assets; file an inventory within three months of qualification.
• Challenge wrongful transfers: If the guardian exceeded her authority or engaged in self‑dealing, seek surcharge, a constructive trust, or return of funds; consider injunctive relief to freeze accounts if dissipation risk exists.
• Use the right forum: The Clerk handles estate proceedings and orders to deliver estate property; separate claims for money damages (e.g., breach of fiduciary duty) are typically filed or transferred to Superior Court.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2-4 (Clerk’s estate jurisdiction) – Clerk oversees estate administration, orders delivery of estate property, and hears estate proceedings.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – Administrator must file an inventory of estate assets within three months after qualification.
• North Carolina Gen. Stat. § 28A-21-4 (Compelling accounts) – Clerk may order a fiduciary to render a satisfactory account within 20 days and enforce by removal or contempt.
• North Carolina Gen. Stat. § 35A-1234 (Actions on guardian’s bond) – Allows recovery against a guardian’s surety for losses caused by breach of duty.

Analysis

Apply the Rule to the Facts: Because your mother died without a will, an administrator must be appointed. Once appointed, you can immediately demand the former guardian’s final accounting and delivery of assets. The Clerk can order your sister to account and produce records; if that reveals improper POD designations or self‑dealing, you can seek return of funds via surcharge or constructive trust, and, if urgent, request a court order to freeze accounts while the estate investigates.

Process & Timing

1. Who files: An heir. Where: Clerk of Superior Court in the county where your mother was domiciled. What: Application for Letters of Administration (AOC‑E‑202); oath (AOC‑E‑400); bond if required. When: File now; after qualification, the inventory is due within three months.
2. File a motion in the guardianship file asking the Clerk to compel the former guardian to file a final account and deliver assets/records; hearings are typically set on the Clerk’s calendar within weeks, but timing varies by county.
3. If mismanagement appears, file an estate proceeding to order delivery of property or a civil action in Superior Court for breach of fiduciary duty/constructive fraud; seek a temporary restraining order or preliminary injunction to freeze disputed accounts; pursue surcharge, constructive trust, and, if applicable, a claim on the guardian’s bond.

Exceptions & Pitfalls

• Payable‑on‑death accounts usually pass outside probate; recovery often requires showing a fiduciary breach (e.g., unauthorized beneficiary changes) or, in limited cases, that nonprobate assets are needed to satisfy valid estate debts.
• Wrong forum delays relief: use the Clerk for estate proceedings and orders to deliver property; pursue money‑damage claims and injunctive relief in Superior Court.
• Statutes of limitation apply: breach of fiduciary duty claims are generally three years from discovery; constructive fraud tied to a fiduciary relationship can have a longer outside limit. Do not wait.
• Bond and notice: if the former guardian posted a bond, preserve a claim against the surety; follow service and notice rules to avoid dismissal.

Talk to a Probate Attorney

If you’re dealing with suspected mismanagement of estate funds after a guardianship, 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.