Legal Question in Wills and Trusts in North Carolina

This does not make sense. The job of the executor is to pay any debts and then distribute the net estate to the heirs after confirmation of the account. If the estate is in North Carolina, the clerk's office should be asking for regular annual accountings and demanding to know what the hold up is.

Does the estate have an attorney? What has been by review of the estate file? How do you know for a fact that assets were sold? Have you actually reviewed the estate file?

I would start by review of the estate file. The file is a public record - anyone can view it. When was the last accounting filed? What else is there in the file to indicate any reason for the delay? For example, has a disinherited beneficiary filed a caveat? Or has a creditor filed a claim against the estate which requires litigation? I don't know, but these are plausible reasons for delay. On the other hand, if nothing has been done. then why not? Is the clerk's office aware of any delayy and have they sent notices? I had a matter for a client in Wake County and the clerk's office dropped the ball and had not required anything. When the delay was brought to their attention, they were going to contact the executor of the estate.

If nothing has been done, the executor can always be removed. Does the executor have estate counsel? If there is some legitimate reason for the delay and there is an estate attorney, you can try contacting him/her and making an inquiry as to when distribution can be expected. If there is no estate attorney and the executor is not doing his job, then I would tell the executor to either get the estate completed or else you will ask the clerk to remove him. The clerk has the poswer to automatically remove an executor who is not doing his, job but this has to be clearly evident and the executor must be given a chance to comply after notice. The process will be quicker if you obtain a probate lawyer and file a petition to remove the executor.