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  • Writer's pictureDenise Davis

What Can I Do to Force an Executor to Share Information With Me?

Updated: Jun 28


Example of a Court Petition for Inventory and Accounting

If an executor of an estate is not sharing information with the heirs, one thing they can do is petition the court. In doing this, the heirs are asking the court to demand the executor to share information with them.


Below is an example of a petition that an heir might file in North Carolina to request an inventory and accounting from the executor of an estate.


IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION BEFORE THE CLERK[County Name] COUNTY, NORTH CAROLINA


In the Matter of the Estate of [Deceased's Full Name],

Deceased. File No. [Case Number]

PETITION FOR INVENTORY AND ACCOUNTING


Petitioner: [Heir's Full Name][Heir's Address][City, State, Zip Code][Phone Number][Email Address]


Executor:[Executor's Full Name][Executor's Address][City, State, Zip Code]


Introduction:

  1. Petitioner’s Relationship to the Deceased: The Petitioner, [Heir's Full Name], is an heir of the deceased, [Deceased's Full Name], who passed away on [Date of Death].

  2. Executor’s Appointment:[Executor's Full Name] was appointed as the executor of the Estate of [Deceased's Full Name] by this court on [Date of Appointment].

  3. Jurisdiction and Venue: This Court has jurisdiction over this matter pursuant to N.C.G.S. § 28A-2-4. Venue is proper in [County Name] County, North Carolina.


Petitioner’s Grounds for Request:

  1. Failure to Provide Information: Despite multiple requests, the executor has failed to provide the Petitioner with sufficient information regarding the inventory and accounting of the estate's assets and liabilities.

  2. Fiduciary Duty: As an executor, [Executor's Full Name] has a fiduciary duty to act in the best interests of the beneficiaries and to provide transparency in the management of the estate’s assets.

  3. Reasonable Requests Ignored: The Petitioner has made reasonable requests for information, including but not limited to: copies of the will, an inventory of the estate’s assets, and details of any debts or expenses paid out of the estate. These requests have been ignored or inadequately addressed.





Relief Sought:

  1. Request for Inventory and Accounting: The Petitioner respectfully requests that the Court order [Executor's Full Name] to provide a full and detailed inventory of all estate assets and an accounting of all financial transactions conducted by the estate.

  2. Additional Relief: The Petitioner further requests any additional relief the Court deems just and proper, including but not limited to sanctions for any failure to comply with the Court’s order.


Verification:

I, [Heir's Full Name], being first duly sworn, depose and say that I have read the foregoing Petition for Inventory and Accounting and that the contents thereof are true to the best of my knowledge and belief.

[Heir's Full Name]

[Signature]

Sworn to and subscribed before me this [Day] day of [Month], [Year].

[Notary Public’s Signature]Notary Public My commission expires: [Date]


Certificate of Service:

I hereby certify that a copy of the foregoing Petition for Inventory and Accounting was served on [Executor's Full Name] by [method of service, e.g., certified mail, return receipt requested] at the following address:


[Executor's Address][City, State, Zip Code]

This the [Day] day of [Month], [Year].

[Heir's Full Name]

[Signature]


Conclusion

This example petition includes all necessary elements: the identification of the petitioner and the executor, the jurisdiction and venue, the grounds for the request, the specific relief sought, and a verification statement. It also includes a certificate of service to show that the executor has been notified. Remember, this is a template and should be reviewed and customized with the assistance of an attorney to fit the specific details of your case.



Denise Harper Davis

252-902-9006

Realtor | Investor | Certified Probate Real Estate Specialist

If you need a realtor to help you sell a home you inherited, a home included in probate or maybe you just want to sell a home you own, contact me.  I am a NC realtor and together we will discuss the best options to get your home sold. Whether it's a quick cash offer or listing it on the market for top-dollar, I can help you!

📌 Disclaimer: The above information is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for personalized guidance on your specific situation.

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