Short Answer

In North Carolina, if a deed lists the decedent’s parents as tenants in common, only those parents hold present rights to that land. A tenant in common’s share does not pass by survivorship; when a parent dies, that parent’s undivided share passes through that parent’s estate (by will or intestacy). Unless the decedent owned a recorded interest or inherited a parent’s share before the decedent died, the decedent’s estate has no rights in the parents’ property.

Understanding the Problem

In North Carolina probate, the personal representative must decide whether the estate can claim any rights in real estate titled to other people. Here, the deed lists only the decedent’s parents as tenants in common. The question is whether the decedent’s estate can claim any part of that land.

Apply the Law

Under North Carolina law, tenants in common each own a separate, undivided share of the same property. There is no automatic survivorship between tenants in common. On a tenant’s death, that person’s share passes through that person’s own estate (by will or, if no will, by intestacy), not to the other co-owner by operation of law. Title controls; only the named owners on the deed hold present rights. For probate, the Clerk of Superior Court oversees inventories and accounts. A personal representative must file an inventory within three months of qualification and may file a supplemental inventory later if new assets are found. Non-probate accounts like joint-with-survivorship or payable-on-death generally bypass the estate, but limited recovery is possible if needed to pay valid estate claims.

Key Requirements

• Title controls ownership: Only the names on the deed have current rights; a child (or a child’s estate) has none unless they are a grantee or inherited a share before their own death.
• No survivorship in tenants in common: A parent’s share passes through that parent’s estate at death, not automatically to the other parent.
• Estate includes only decedent’s property: List on the inventory only assets owned by the decedent or that can be recovered to pay claims; parents’ property is not included.
• Inventory deadline: File the Inventory for Decedent’s Estate (AOC‑E‑505) within three months of qualification; use a supplemental inventory if assets appear later.
• Bank/credit union accounts: Sole‑name accounts are estate assets; joint-with-survivorship or POD accounts typically are not inventory Part I assets, but may be recoverable in limited amounts if needed to pay claims.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy without survivorship) – Absent express survivorship, a deceased co-owner’s share passes through that owner’s estate.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due) – Inventory must be filed within three months after qualification.
• North Carolina Gen. Stat. § 28A-20-3 (Supplemental inventory) – File a supplemental inventory when new assets are discovered or values change.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file; show-cause) – Clerk may order filing, remove the representative, or use contempt if deadlines are missed.

Analysis

Apply the Rule to the Facts: Because the deed lists only the parents as tenants in common and the decedent owned no real estate, the estate has no present rights in that land. Unless the decedent survived a parent and actually inherited that parent’s undivided share before the decedent died, nothing from the parents’ property belongs on the decedent’s inventory. Focus your search on bank or credit union accounts; include sole‑name accounts on the inventory, and evaluate any survivorship or POD designations separately.

Process & Timing

1. Who files: The personal representative. Where: Clerk of Superior Court in the county of the decedent’s domicile in North Carolina. What: File the Inventory for Decedent’s Estate (AOC‑E‑505) and, concurrently, the Affidavit of Notice to Creditors (AOC‑E‑307) when applicable. When: Within three months of qualification, or by the date in any show‑cause/order to file. If no assets are known, file the inventory showing none and explain briefly.
2. Contact financial institutions immediately to confirm ownership and any survivorship/POD terms. If you later discover assets, file a supplemental inventory under the same file number; many clerks also accept reporting on the next account.
3. After the clerk reviews the filing, comply with any follow‑up requests. If no probate assets exist, proceed to close the estate with a final account after creditor periods run and required notices are filed.

Exceptions & Pitfalls

• If a parent died before the decedent and the decedent survived and inherited that parent’s share, that inherited interest is part of the decedent’s estate.
• Do not assume survivorship; if the deed says “tenants in common,” there is no automatic survivorship right.
• Do not list joint-with-survivorship or POD accounts as probate assets; obtain signature cards or account agreements to classify correctly. These funds may be recoverable in limited circumstances if needed to pay claims.
• Missing the inventory deadline can trigger removal or contempt; request an extension in writing if needed and bring the inventory to any show‑cause hearing.
• Use a supplemental inventory rather than withholding filing; honest errors and later corrections are acceptable when promptly addressed.

Talk to a Probate Attorney

If you’re navigating an inventory with no obvious probate assets or need help classifying real estate and accounts, our firm can help you understand the 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.