Short Answer

In North Carolina, when a life tenant dies, the remainderman becomes entitled to exclusive possession of the property. If relatives refuse to leave, first revoke permission in writing and demand possession. If any relative was a tenant of the life tenant, file a summary ejectment in small claims court; otherwise, bring an ejectment action in civil court to recover possession. Do not use self-help lockouts; use the court and sheriff.

Understanding the Problem

North Carolina law: you (the remainderman) want to take possession of the home when the life estate ends at your grandmother’s death. Can you change the locks and require visiting relatives (who had keys during her lifetime) to leave, and how do you remove any holdovers and deal with personal property left in the house?

Apply the Law

When a life tenant dies, the remainder interest becomes possessory. That means the remainderman has the right to exclusive possession of the real property. Guests who stayed with the life tenant had permission only from the life tenant; that permission ends with the life estate. If an occupant was a bona fide tenant under a lease with the life tenant, removal is handled under North Carolina’s summary ejectment process in small claims court; otherwise, removal proceeds through a civil ejectment action based on title and right to possession. Personal property of the decedent is controlled by the personal representative of the estate, not the remainderman, unless the item was a valid lifetime gift.

Key Requirements

• Right to possession vests at death: Upon the life tenant’s death, you gain the right to exclusive possession of the real property.
• Identify occupant status: Determine whether each holdover is a tenant (lease or rent) or a guest/licensee; the court route differs.
• No self-help: Do not change locks or remove people or belongings without a court order and sheriff; use judicial process.
• Choose the correct forum: Use small claims summary ejectment for tenants; use a civil ejectment action in district/superior court for non-tenants.
• Personal property control: Decedent’s property is managed by the personal representative; coordinate before moving or disposing of it. Valid gifted items may be removed by the donee.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2 (Title to property at death) – Real property vests in heirs/devisees at death; personal property is controlled through the estate.
• N.C. Gen. Stat. § 28A-13-3 (Powers of personal representative) – Personal representative may take possession and, when authorized, seek orders to remove occupants; tenants must be removed under Chapter 42.
• N.C. Gen. Stat. § 42-26 (Summary ejectment) – Grounds and process for removing holdover tenants in small claims court.

Analysis

Apply the Rule to the Facts: At your grandmother’s death, your remainder becomes possessory, so you have the right to exclusive possession. Relatives who stayed with her were there by her permission; that ends with the life estate. If any relative paid rent or had a lease with her, pursue summary ejectment; if they were merely guests or licensees, file a civil ejectment based on your title and right to possession. Coordinate with the estate’s personal representative before moving any items that belonged to your grandmother; remove only items she validly gifted to you.

Process & Timing

1. Who files: Remainderman. Where: For tenants, Small Claims (Magistrate) Court in the county where the property is located; for non-tenants, District/Superior Court. What: Tenants—file AOC-CVM-201 (Complaint in Summary Ejectment) stating holdover after life estate ended; Non-tenants—file a civil complaint for ejectment/possession based on title. When: After the life tenant’s death and written demand for possession; hearings in small claims are typically set within a few weeks.
2. Serve each occupant by sheriff. In small claims, expect a brief hearing; if you win, the clerk issues a writ of possession (AOC-CVM-401) after the appeal window. The sheriff sets and executes the lockout; you may then change locks.
3. For non-tenants, the civil case proceeds on a normal timeline; seek an order for possession. After judgment, the sheriff enforces the writ for removal. Coordinate with the personal representative regarding any decedent-owned personal property before disposal.

Exceptions & Pitfalls

• Do not self-evict: Changing locks, shutting off utilities, or removing belongings without a writ can create legal risk.
• Tenant vs. guest: If an occupant can show a lease or rent history, use summary ejectment; filing the wrong action can delay removal.
• Estate property: Items belonging to the decedent are under the personal representative’s control; get written authorization before moving or disposing of them.
• Notice and service: Use sheriff service and include all adult occupants by name where possible to avoid enforcement issues.
• Servicemembers: If a holdover is on active-duty military, federal and state protections can affect timing and relief; flag this early.

Talk to a Probate Attorney

If you’re dealing with relatives who won’t leave after a life estate ends and need a clear plan to regain possession and handle belongings, 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.