Short Answer

In North Carolina, when a homeowner dies without a will and the deed is only in their name, title to the home passes at death to the legal heirs, not to the “estate.” To put the house into your name alone, you typically either (1) open an intestate estate, publish notice to creditors, and have all heirs deed their interests to you (with the personal representative joining if within two years of death), or (2) wait until two years have passed and record deeds from all heirs. Summary administration works only if the surviving spouse is the sole heir.

Understanding the Problem

North Carolina: You are the surviving spouse and want to put title to the home (titled only in your spouse’s name) into your name after your spouse died without a will, and no estate has been opened. You need to know whether you can do this and, if so, how and where to start with the Clerk of Superior Court.

Apply the Law

Under North Carolina law, when someone dies intestate (without a will) and owned real estate in their sole name, title to that real estate vests immediately in the heirs at law as of the date of death. The personal representative (if one is appointed) can take possession or sell only in limited situations, primarily to pay valid estate debts. If the goal is simply to place full title in the surviving spouse, the usual path is to obtain deeds from all heirs to the spouse; within two years of death, the personal representative generally must qualify, publish notice to creditors, and join the deed so the transfer is binding against creditors. Who counts as an heir is determined by the Intestate Succession Act (typically spouse and children; parents inherit only if there are no children). Summary administration is available only if the surviving spouse is the sole heir, which does not apply if children also inherit.

Key Requirements

• Identify the heirs: Confirm who inherits under intestacy (usually spouse and children; parents only if no children).
• Heirs hold title at death: Real property titled solely to the decedent vests in the heirs immediately upon death.
• Within two years of death: If any heir conveys their share, a personal representative should qualify, publish notice to creditors, and join the deed so it’s effective against creditor claims.
• After two years: Heirs may deed without the personal representative joining, and the transfer is valid as to creditors and the estate.
• Summary administration limit: Available only if the surviving spouse is the sole heir; otherwise use regular administration or heir-to-spouse deeds.
• Minors or unavailable heirs: If any heir is a minor or cannot sign, court involvement (guardian/special proceeding) is required before any conveyance.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Title to property on death) – Real property vests in heirs at death; devisees upon probate.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs or devisees) – Transfers by heirs within two years are void as to creditors unless notice is published and the PR joins; valid after two years.
• North Carolina Gen. Stat. § 29-14 (Share of surviving spouse) – Sets the spouse’s intestate share alongside children or parents.
• North Carolina Gen. Stat. § 28A-28-1 (Summary administration) – Available only when the surviving spouse is the sole heir/devisee.

Analysis

Apply the Rule to the Facts: Here, the deed is solely in your spouse’s name and there is no will, so title vested in the intestate heirs at death. Because children are heirs, summary administration is not available. To place the house solely in your name, the practical route is to qualify as personal representative, publish notice to creditors, and have all heirs sign a deed to you with the PR joining if the transfer occurs within two years of death. If you wait more than two years, heirs can deed without the PR joining.

Process & Timing

1. Who files: Surviving spouse (priority heir). Where: Clerk of Superior Court in the North Carolina county of the decedent’s residence. What: File AOC-E-202 (Application for Letters of Administration) to qualify as administrator; obtain Letters; then publish the statutory Notice to Creditors in a local newspaper and mail notices to known creditors. When: Publish promptly after qualification; creditors have at least three months to respond.
2. After the claims period and once you confirm the estate will not need to sell the home to pay debts, prepare and record a deed from all heirs conveying their interests to you; if within two years of death, the personal representative should join the deed. Allow several weeks for deed preparation, signatures, and recording; timelines vary by county and family availability.
3. Record the deed with the Register of Deeds; then complete the estate (inventories, any required accountings) and file a final account with the Clerk to close the administration.

Exceptions & Pitfalls

• Parents are heirs only if there are no living children; confirm who the legal heirs are before preparing any deed.
• If any heir is a minor or incompetent, a court-appointed guardian must act; you cannot sign for a minor without proper authority.
• Do not ignore debts: if the estate needs cash to pay claims, a court-authorized sale may be required before any transfer.
• Within two years of death, failing to publish notice to creditors and have the PR join the deed can leave your title vulnerable to creditor claims.
• Title defects surface later: record the deed correctly, include legal descriptions, get all required signatures (including spouses of adult heirs if needed for marital rights), and clear any liens.

Talk to a Probate Attorney

If you’re dealing with clearing title to a home after a spouse died without a will, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

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.