Short Answer

In North Carolina, co-administrators must file an Inventory (AOC-E-505) within three months of qualifying, listing each parcel with a clear description and date-of-death value. Real estate vests in heirs or devisees at death, but the personal representative can seek a court order to take control or petition to sell land to pay claims. Use a title search in each county, tax and GIS records, and the Register of Deeds to confirm ownership. File a supplemental inventory if you uncover additional parcels or corrections.

Understanding the Problem

You are asking, as North Carolina co-administrators, how to inventory and confirm title to multiple parcels that the decedent owned, including what to do when one store property was supposedly conveyed to a municipality but no deed was recorded. You want a clear, step-by-step process for identifying every parcel, verifying who owns it, and making sure the estate’s filings are accurate and timely.

Apply the Law

North Carolina requires a detailed Inventory (AOC-E-505) within three months after qualification. Real property passes to heirs or devisees at death, but it remains available to pay claims if needed, and the personal representative can ask the Clerk of Superior Court for authority to take possession, custody, and control. A sale to create assets to pay debts happens in a special proceeding, typically in the county where the land lies. If you discover more property or need to correct a description or value, you file a supplemental inventory.

Key Requirements

• Timely, complete Inventory: File AOC-E-505 within three months of qualification. Identify each parcel with book/page or PIN, location, and date-of-death value; use “undetermined” while an appraisal is pending.
• Confirm title and liens: Run a title search in each county, review tax and GIS records, and pull deeds, deeds of trust, judgments, and maps to verify ownership type (sole, tenants in common, survivorship) and any unpaid taxes or liens.
• Control/management of real estate: Real property vests in heirs or devisees, but the personal representative may petition the Clerk for possession, custody, and control when needed for administration.
• Sales to pay claims: If liquid funds are insufficient, petition for a judicial sale of real property in the county where the land sits to raise funds for debts and expenses.
• Update as you learn more: File a supplemental inventory when you discover additional parcels or must correct descriptions or values.
• Heir/devisor transactions within two years: A sale, lease, or mortgage by heirs or devisees within two years after death generally requires the personal representative to join for protection against estate creditors.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – Inventory deadline and scope.
• North Carolina Gen. Stat. § 28A-13-3 (PR powers; possession of real property) – Petition to take possession, custody, and control.
• North Carolina Gen. Stat. § 28A-17-1 (Sale of land to create assets) – Special proceeding and venue to sell land to pay debts.
• North Carolina Gen. Stat. § 28A-17-12 (Transactions by heirs/devisees within two years) – PR must join to protect against creditors.

Analysis

Apply the Rule to the Facts: As co-administrators, you must file the Inventory within three months, listing each parcel with a clear description and date-of-death value. Confirm title by running a title search and checking tax/GIS records in each county. Do not list the 401(k) payable to named beneficiaries as a probate asset. Treat the unrecorded municipal conveyance with caution: unless a signed deed is located and recorded, the parcel still appears in the decedent’s chain of title and should be investigated and addressed through curative documentation or, if necessary, court relief.

Process & Timing

1. Who files: Co-administrators. Where: Clerk of Superior Court (Estates Division) in the county of administration. What: Inventory for Decedent’s Estate (AOC-E-505) with parcel descriptions and date-of-death values; attach appraiser details if used. When: Within 3 months after qualification; request a brief extension if needed.
2. Verify ownership: Order title searches in each county; review Register of Deeds, tax office, and GIS. Record the probated will/certificate in every North Carolina county where the decedent owned land to keep the title chain clear. Typical title and records review may take 2–8 weeks depending on parcel count and county variation.
3. Control or sale if needed: If you must secure, manage, or sell property to pay debts, file a petition with the Clerk for possession, custody, and control; for sales to raise funds, file a special proceeding in the county where the land is located. After orders are entered, proceed with management or sale and file a supplemental inventory if parcels or values change.

Exceptions & Pitfalls

• Unrecorded deeds: A purported transfer not recorded may not show in title; locate the executed deed, confirm municipal acceptance, and record it—or seek curative documents or a court order if the deed cannot be found.
• Ownership form matters: Tenants in common interests are listed; survivorship or entireties interests are handled differently. Verify how each parcel was held before listing.
• Heir sales within two years: If heirs or devisees want to sell before final accounting, the personal representative should join to protect the transaction against creditor claims.
• Taxes and liens: Unpaid property taxes, municipal liens, and deeds of trust follow the land; list encumbrances and prioritize resolving them in any sale.
• Non-probate assets: Do not include beneficiary-designated assets like a 401(k) paid directly to named beneficiaries unless proceeds are actually used to pay estate claims.
• Missing the 90-day inventory deadline: Late filings can trigger orders to show cause; communicate early with the Clerk if you need an extension.

Talk to a Probate Attorney

If you’re handling an estate with multiple parcels and unclear deeds or taxes, 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.