Short Answer

In North Carolina, a properly docketed judgment lien against estate real property can be enforced even if the creditor never filed a claim during the probate notice period. To clear title, you must either (1) get the judgment satisfied and canceled of record, (2) challenge and set aside an invalid judgment in the court that entered it, or (3) confirm it has expired. If estate action is needed, you can ask the Clerk of Superior Court to reopen the estate so a personal representative can address the lien.

Understanding the Problem

In North Carolina probate, can you remove a lien from estate real estate after the Clerk of Superior Court approved the final account and discharged the personal representative? Here, you discovered a lien for court costs on title when preparing to sell the property.

Apply the Law

North Carolina’s creditor “non-claim” rules bar late claims against the estate, but they do not bar enforcement of a docketed lien against the property. A judgment lien arises when a judgment is docketed in the county where the real property sits and generally lasts 10 years. If the lien is valid and still in force, it must be paid or canceled to deliver clear title. If the lien is invalid (for example, the judgment was entered without proper procedure), you must ask the trial court that issued the judgment to set it aside. If estate action is needed (such as paying or selling to satisfy the lien), you can petition the Clerk of Superior Court to reopen the estate and reappoint a personal representative.

Key Requirements

• Confirm the lien: Verify the judgment was docketed in the correct county, identify the case file, and check whether the 10-year lien period has run.
• Choose the right forum: Use the Clerk of Superior Court (estate file) for reopening or paying through administration; use the civil court that entered the judgment to attack its validity or seek relief.
• Clear the record: If paid, file or obtain a Satisfaction and cancellation of the judgment lien; if invalid, obtain a court order setting aside the judgment and canceling its docket entry.
• Estate mechanics: If the personal representative has been discharged, petition to reopen (AOC‑E‑908) so the PR can resolve the lien or conduct a court‑supervised sale that pays liens from proceeds.
• Priority on sale: If the property is sold through the estate, sale proceeds must first pay recorded liens in order of priority before other estate debts.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑19‑3 (Time limits on presenting claims) – Bars late estate claims but not actions to enforce a lien (including a judgment lien) on estate property.
• North Carolina Gen. Stat. § 1‑234 (Judgment lien) – Docketing a judgment creates a lien on the debtor’s real property in that county for 10 years.
• North Carolina Gen. Stat. § 1‑239 (Satisfaction of judgment) – Provides for entry of satisfaction and cancellation of a judgment record.
• North Carolina Gen. Stat. § 28A‑23‑5 (Reopening an estate) – Clerk may reopen a closed estate to perform necessary acts and reappoint a personal representative.

Analysis

Apply the Rule to the Facts: Because North Carolina law allows enforcement of liens against property even when a creditor did not file a probate claim, a court-costs judgment that has been docketed in the property’s county can still cloud title. First verify the judgment’s docket date, county, and parties. If the judgment was entered without required procedures (for example, post‑death without proper substitution), seek relief in the civil case. If valid and within 10 years, you can reopen the estate so the PR can pay it and file a satisfaction to clear title.

Process & Timing

1. Who files: Heir, devisee, or prior personal representative. Where: Petition to reopen with the Clerk of Superior Court (estate division) in the county where the estate was administered; any challenge to the judgment is filed in the civil court that entered it. What: AOC‑E‑908 (Petition and Order to Reopen Estate); in the civil case, a motion for relief from judgment (Rule 60) or similar. When: As soon as the lien is discovered; judgment liens generally last 10 years from docketing.
2. After reopening, the Clerk reappoints a personal representative. The PR obtains a payoff from the judgment creditor or pursues relief in the civil file if the judgment is defective. County processing times vary.
3. Once paid, the creditor files a Satisfaction so the Clerk cancels the judgment of record; if set aside, file the court’s order and request cancellation. Title then shows the lien cleared.

Exceptions & Pitfalls

• The probate claim bar does not defeat a properly docketed lien; do not assume “no claim filed” means “no lien to pay.”
• A judgment must be docketed in the county where the land sits to create a lien; confirm the docket location before paying.
• If the judgment was entered after death without required substitution, attack it in the issuing court; the Clerk (estate file) cannot vacate civil judgments.
• Do not pay an expired lien; check the 10‑year lien period before negotiating payoff.
• If the estate must sell to pay the lien, liens are paid first from sale proceeds before other estate debts; plan accordingly.

Talk to a Probate Attorney

If you’ve discovered a lien on estate property after closing probate, our firm can help you verify the lien, choose the right forum, and clear title efficiently. Call us today to discuss your options and timelines.

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.