Short Answer

File a verified amendment with the Clerk of Superior Court to correct the heirs on your application and note the wrongful death claim in the preliminary inventory section. Then file an Inventory (it can be zero-dollar if no probate assets) within three months of qualification and respond to any show-cause order. Attach certified adoption orders to exclude adopted-out children and keep wrongful death proceeds separate from estate assets.

Understanding the Problem

You are the North Carolina estate administrator and need to update your original filing so the decedent’s child is listed as an heir and the pending wrongful death claim appears in the file. The estate was opened to pursue wrongful death, and you also must cure a show‑cause issue for a missing inventory. You want to know exactly how to fix the application and inventory so the Clerk’s estate file is correct.

Apply the Law

In North Carolina, the Clerk of Superior Court oversees estate filings. The application for letters must identify the decedent’s heirs and provide a preliminary inventory. If that information changes or was incomplete, you may file a verified amendment or supplemental filing so the Clerk can correct the record. An inventory is due within three months of qualification; when there are no probate assets, a zero‑dollar inventory is acceptable. A wrongful death claim should be noted in the application’s preliminary inventory and on the Inventory form, but wrongful death proceeds are not estate assets and must be handled separately. Adoption generally severs inheritance rights from natural parents, so certified adoption orders are used to exclude adopted‑out children as heirs.

Key Requirements

• Amend the application: File a verified amendment or supplement in the existing estate file correcting the heir list and noting the wrongful death claim in the preliminary inventory section.
• Inventory deadline: File the Inventory within three months of qualification; if there are no probate assets, file a zero‑dollar inventory and list the wrongful death claim in the designated section.
• Documentation of heirship: Attach certified adoption orders to exclude adopted‑out children; provide basic proof of the remaining child’s relationship if requested.
• Wrongful death classification: Treat wrongful death proceeds as non‑estate funds, kept separate, with distribution following intestacy; settlement may require court approval if any beneficiary is a minor or consent is not unanimous.
• Bond/notice nuances: Bond may be deferred or adjusted until funds are received; if the only asset is a wrongful death claim, publication of notice to creditors is typically not required.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – Requires the application to list heirs and a preliminary inventory.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due) – Inventory must be filed within three months of qualification.
• North Carolina Gen. Stat. § 28A-18-2 (Wrongful death) – Authorizes the personal representative to bring the claim; proceeds are not estate assets and are distributed by intestacy, after limited expenses.
• North Carolina Gen. Stat. § 29-17 (Effect of adoption) – Adoption generally severs inheritance rights from the natural parent’s family.

Analysis

Apply the Rule to the Facts: Because the estate was opened to pursue wrongful death and there are no probate assets, you can file a zero‑dollar Inventory within three months and note the wrongful death claim on it. You should file a verified amendment to your application so the decedent’s child is listed as an heir and attach certified adoption orders excluding the two adopted‑out former children. Respond to the Clerk’s show‑cause by filing the Inventory promptly; if a small account was partially withdrawn by a caregiver, either list any confirmed amount belonging to the estate or use an estate proceeding to investigate or recover it.

Process & Timing

1. Who files: Administrator. Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the decedent was domiciled. What: File a verified Amended Application for Letters of Administration (using AOC-E-202 marked “Amended,” or a verified supplemental statement) correcting heirs and noting the wrongful death claim; attach certified adoption orders. Also file the Inventory for Decedent’s Estate (AOC‑E‑505), even if it is $0. When: Inventory is due within three months of qualification; file the amendment and the Inventory before any show‑cause hearing.
2. After filing, the Clerk updates the estate file and may adjust bond if funds will be received later from settlement. If you received a show‑cause order for a missing inventory, timely filing usually resolves it; county practices and hearing dates vary.
3. Continue the wrongful death case. Keep any recovery in a separate account, seek required court approval of settlement if minors or non‑consenting adults are involved, and later file a separate accounting for wrongful death proceeds and distribute by intestacy.

Exceptions & Pitfalls

• Do not commingle wrongful death proceeds with estate assets; they are not part of the probate estate and are distributed by intestacy after limited expenses.
• Without certified adoption orders, the Clerk may not remove adopted‑out children from the heir list.
• If any probate asset exists (for example, funds recoverable from a caregiver), you may need to classify and report it properly and consider a proceeding to examine/recover assets.
• Missing the Inventory deadline can lead to show‑cause, contempt, or removal; ask the Clerk in writing for a short extension if you need one.

Talk to a Probate Attorney

If you’re dealing with amending an estate filing to list the correct heirs and a wrongful death claim, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 555-555-5555.

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.