Short Answer

In North Carolina, the administrator controls the decedent’s personal property and must file an inventory within three months of qualifying. You should secure the home, make a room-by-room list with photos, date-of-death values, and receipts, and clearly mark what is yours, what was the decedent’s, and what belongs to others. Give the administrator copies and use written receipts for any items removed. If heirs took items, document it and ask the administrator to seek their return through the Clerk of Superior Court.

Understanding the Problem

In North Carolina probate, you want to know how to identify and document which household items are estate assets versus your property so the administrator can inventory them and manage access. You live in a home that passed to you by right of survivorship, and heirs have entered and removed items, leading you to change locks and call the sheriff.

Apply the Law

Under North Carolina law, the administrator has the duty to gather and safeguard the decedent’s personal property and to file a detailed inventory within three months of qualifying. Title to the decedent’s personal property vests in the administrator for administration. Real estate held with right of survivorship passes outside the estate, but the decedent’s separate personal property inside the home (furniture, tools, jewelry, electronics, etc.) remains subject to administration. The administrator may use a court process before the Clerk of Superior Court to recover estate items in someone else’s possession.

Key Requirements

• Administrator’s control of personal property: The administrator has authority to possess, secure, and inventory the decedent’s personal property; heirs should not self-help.
• 90-day inventory: A complete inventory of estate assets is due within three months of qualification, with date-of-death values; supplements are filed if new items are found or values change.
• Classifying assets: Distinguish estate assets (solely owned by decedent) from nonprobate items (survivorship/beneficiary assets) and from property owned by you or third parties.
• Detail and valuation: List tangible items with clear descriptions; itemize valuable pieces; group ordinary household goods; include serial numbers/photos and fair market values as of date of death; appraisals are advisable for high-value items.
• Recovery of removed items: If someone holds estate property, the administrator can seek an order from the Clerk requiring return; noncompliance can be enforced by civil contempt.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Administrator’s powers and duties) – administrator may take possession and control of estate personal property.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – inventory contents and timing.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – add later-discovered property or corrected values.
• North Carolina Gen. Stat. § 28A-15-12 (Recovery of estate property) – clerk may order delivery of estate property held by others.

Analysis

Apply the Rule to the Facts: The house passed to you outside probate, so this is about personal property inside. The administrator must inventory the decedent’s items within three months. You should secure the home, create a detailed list with photos and values, and label which items are yours (for example, gifts to you or things you purchased) versus the decedent’s. Give the administrator your list and documentation; for items already removed by heirs, provide a log so the administrator can seek return through the Clerk if needed.

Process & Timing

1. Who files: The administrator. Where: Clerk of Superior Court in the county of administration. What: Inventory for Decedent’s Estate (AOC‑E‑505); later Annual/Final Account (AOC‑E‑506). When: Inventory due within three months of qualification; supplemental inventory if new items are found or values change.
2. As the occupant, make a room-by-room list now: descriptions, serial numbers, photos, and date-of-death values. Separate into: (a) decedent’s property; (b) your property; (c) third-party items; (d) disputed. Share the list and proof (receipts, gift notes, emails) with the administrator within a few weeks so they can meet the 90-day deadline.
3. For access, agree on scheduled, supervised visits for the administrator (not general heir access). Use simple “Property Receipt” sheets for anything removed, signed and dated, with photos. If heirs removed items, give the administrator a log (what, who, when) and request a recovery proceeding under § 28A‑15‑12. The expected outcome is a Clerk’s order directing return of estate property if warranted.

Exceptions & Pitfalls

• Do not let heirs self-help. Only the administrator has authority over estate personal property; unsupervised removal complicates recovery and accounting.
• Don’t block lawful administrator access. Secure the home, but set reasonable, scheduled access for the administrator to inspect and inventory estate items.
• Misclassification risk. Items with survivorship or beneficiary designations are typically nonprobate; ordinary household goods are usually estate assets unless you can document they are yours or third-party property.
• Valuation gaps. Use date-of-death fair market values; itemize valuables and consider appraisals for high-value pieces. Group ordinary household furnishings.
• Paper trail. Always use signed receipts and photos for any item leaving the house; keep a log of who removed what and when to support recovery if needed.

Talk to a Probate Attorney

If you’re dealing with disputed household items and need a clear plan to inventory, document, and set access for the administrator, 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.