Short Answer

In North Carolina, heirs who do not want their intestate share of real estate can sign and file a written disclaimer (also called a renunciation) with the Clerk of Superior Court, and record it with the Register of Deeds for the county where the property sits. If you want to serve as administrator, anyone with a higher right to be appointed (such as a surviving spouse) should sign an AOC-E-200 renunciation of the right to qualify. If debts exceed cash, the personal representative will likely need a court order to sell the house; heirs can sign written consents in that sale proceeding to streamline it.

Understanding the Problem

North Carolina probate allows an heir to decline an inheritance and to waive the right to serve as administrator. You want to know what paperwork your son’s separated spouse and adult daughter must sign so you can administer his estate and deal with the house. In your case, both say they do not want the property, and there may be hospital and tax debts that could require a sale.

Apply the Law

Under North Carolina law, heirs can disclaim their intestate share by filing a written, acknowledged disclaimer with the Clerk of Superior Court in the county where the estate is administered. For real estate, a copy should also be recorded with the Register of Deeds to make the title record match the disclaimer. Separately, people with a higher priority to serve as administrator can renounce that right using AOC-E-200 so the Clerk can appoint you. If debts require it, the personal representative petitions the Clerk for an order to sell real property to create assets; heirs are necessary parties and may consent to the sale to avoid delays. The Clerk of Superior Court is the forum for all of these filings. A key deadline: most disclaimers must be filed within nine months of death.

Key Requirements

• Disclaimer of inheritance: Each heir’s disclaimer must be in writing, identify the decedent and interest, clearly state the renunciation, be signed and acknowledged, filed with the Clerk, and recorded in the Register of Deeds for real property interests.
• Timing for disclaimer: File within nine months of death in most cases; late filings change legal effects and can complicate title and taxes.
• Who can renounce serving: Any person with a higher right to administer (e.g., separated spouse) can file AOC-E-200 to renounce and may nominate you.
• Sale for debts: If the estate lacks cash to pay claims and taxes, the administrator files a verified petition to sell the real property; heirs are made parties and can sign consents/waivers of notice.
• Creditor priority unaffected: Disclaimers do not shield the property from valid estate debts, liens, or taxes; the court can still authorize a sale to pay them.

What the Statutes Say

• North Carolina Gen. Stat. § 31B-2 (How to file a disclaimer) – Where, how, and when to file a disclaimer; delivery and recording rules.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation of right to administer) – How those with priority can renounce the right to qualify and nominate another.
• North Carolina Gen. Stat. § 28A-17-2 (Petition to sell land to create assets) – Required contents of the petition and parties.
• North Carolina Gen. Stat. § 28A-15-1 (Real property as assets for debts) – Real estate is available to pay estate debts and taxes.

Analysis

Apply the Rule to the Facts: Because your son died intestate and his separated spouse and adult daughter do not want the house, each can file a written, acknowledged disclaimer with the Clerk and record it with the Register of Deeds. That redirects their shares as if they predeceased, but it does not stop creditors; the house can still be sold to satisfy valid hospital and tax claims. To let you serve, they should also sign AOC‑E‑200 renunciations of their right to qualify so the Clerk can appoint you as administrator.

Process & Timing

1. Who files: The separated spouse and adult daughter. Where: Clerk of Superior Court, Estates Division, in the county of your son’s residence. What: AOC‑E‑200 (Renunciation of Right to Qualify) to let you be appointed; then each files a written, acknowledged disclaimer of their intestate share describing the house. For real estate, record the disclaimer in the Register of Deeds where the property is located. When: File disclaimers within nine months of death.
2. Next: After you are appointed administrator, evaluate claims. If cash is insufficient, file a verified petition with the Clerk to sell the real property to create assets, listing debts, property details, and heirs. Serve heirs; they can sign written consents and waive notice to expedite the order of sale. Timeframes vary by county and service.
3. Final step: If a sale is ordered, complete the sale, pay claims and taxes by statutory priority, and then distribute any remainder per intestacy (as altered by disclaimers). Close the estate with a final account to the Clerk.

Exceptions & Pitfalls

• Late or defective disclaimers: If not filed within nine months or not properly acknowledged, the legal effect changes and title may not reflect the renunciation until corrected.
• Recording step for real estate: Failing to record the disclaimer with the Register of Deeds delays clear record title passing to the next takers.
• Acceptance bars disclaimer: An heir who already assigned, sold, encumbered, or contracted regarding the property cannot later disclaim; a judicial sale before renunciation also bars it.
• Who takes next: A disclaimer treats the heir as predeceased; if the daughter has children, her share could pass to them unless they also disclaim, affecting who must be served and who must consent in the sale proceeding.
• Service defects in sale proceeding: All heirs must be properly made parties; missing one can render the order void as to that heir.
• Creditors still get paid: Disclaimers do not defeat valid claims, tax liens, or the Clerk’s authority to order a sale to pay debts.

Talk to a Probate Attorney

If you’re dealing with disclaimers, waivers of appointment, and a potential court-ordered sale to pay debts, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

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.