Short Answer

Under North Carolina law, heirs do not have a personal right to enter your home or take property. The court-appointed administrator (also called the personal representative) may collect property that belonged to the decedent, including a decedent-owned computer or files, but not your separate property. Because your home passed to you by right of survivorship, the administrator has no automatic right to enter; if access is disputed, the administrator must seek an order from the Clerk of Superior Court to recover estate items.

Understanding the Problem

In North Carolina, can an estate administrator or heirs demand to enter your home and access computers and personal files when the house passed to you by right of survivorship? You are living in the home; your partner died without a will; an administrator was appointed; and heirs have already entered and removed items while demanding further access.

Apply the Law

North Carolina separates what is part of the estate from what is not. The administrator is responsible for identifying and safeguarding the decedent’s assets. Real estate held with a right of survivorship (such as a jointly owned home with survivorship) passes to the survivor and is not an estate asset. The administrator generally cannot enter that home without consent or a court order, but may recover specific items inside that belonged to the decedent. Heirs have no independent right to access or remove property; all actions run through the administrator and, when necessary, the Clerk of Superior Court.

Key Requirements

• Estate vs. non-estate property: Only items owned by the decedent at death are estate assets; survivorship real property and your separate items are not.
• Administrator’s authority: The administrator can collect and safeguard the decedent’s personal property (including a decedent-owned computer or storage devices) and must inventory assets.
• No self-help by heirs: Individual heirs cannot enter your home or take items; disputes go through the administrator and the Clerk of Superior Court.
• Access inside a survivor’s home: If you do not consent to entry, the administrator must petition the Clerk for an order to examine and recover specific estate property located there.
• Inventory timeline: The administrator must file an inventory within three months of qualification and account for property collected.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-12 (Recovery of estate property) – Allows the administrator to petition the Clerk to examine persons and order the return of estate property; orders enforceable by contempt.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – Sets duties to preserve assets and describes when the administrator may seek possession, custody, and control.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due) – Requires filing an inventory within three months of qualification.
• North Carolina Gen. Stat. § 28A-16-1 (Sale or lease of personal property) – Authorizes the administrator to sell estate personal property without a court order (with limited exceptions).

Analysis

Apply the Rule to the Facts: Your home was held with right of survivorship, so the house itself is yours and outside the estate. The administrator does not have an automatic right to enter. If a particular computer or personal item in the home belonged to your partner alone, it is an estate asset the administrator can request and, if necessary, petition the Clerk to recover. Your own devices, jointly owned items, and gifts you received are not subject to the administrator’s possession absent proof they are estate assets.

Process & Timing

1. Who files: The administrator. Where: Clerk of Superior Court in the county where the estate is administered. What: A verified petition to recover estate property under Chapter 28A (with an Estate Proceeding Summons, AOC‑E‑102). When: Typically filed as soon as estate assets are identified; the administrator’s inventory is due within three months of qualification (AOC‑E‑505 may be used).
2. The Clerk may set a hearing; if the Clerk finds the item is estate property and in someone else’s possession, the Clerk can order its delivery to the administrator and set a deadline. Orders are enforceable by civil contempt.
3. Once collected, the administrator secures, documents, and either distributes or sells estate personal property as allowed by law. The final paperwork appears in the administrator’s accountings.

Exceptions & Pitfalls

• Heirs entering and removing items: This is improper. Direct them to coordinate through the administrator. The administrator can seek a turnover order from the Clerk.
• House passed outside probate: Because the home is not an estate asset, the administrator needs your consent or a court order to enter; do not rely on “self‑help” access.
• Mixed devices and data: If a device contains both your data and decedent’s data, agree on a neutral, supervised process (e.g., inventory, photographs, limited imaging focused on estate records) to protect privacy while preserving estate information.
• Documentation: Photograph rooms and items before any handoffs; use written receipts for every transfer; keep a log of who took what and when.
• Household furnishings: Early, informal “give‑aways” create disputes. Use receipts/refunding agreements for distributions and confirm with the administrator before moving anything that could be an estate asset.

Talk to a Probate Attorney

If you’re dealing with heir demands or an administrator seeking access to property in your home, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at .

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.