Short Answer

Yes, you can make mortgage payments to keep properties current, but you should not transact on behalf of the estate until someone is officially appointed by the Clerk of Superior Court. In North Carolina, heirs or devisees generally bear carrying costs (like mortgages, taxes, and insurance) on inherited real estate after death unless the personal representative (PR) takes court-authorized control. The fastest path is to get the will probated and the PR or a temporary fiduciary appointed so rent can be collected and bills paid from an estate account.

Understanding the Problem

You’re asking whether you can start paying mortgages tied to properties you will inherit in North Carolina before probate is finished. Here, the named executor is delaying filing, all properties remain in the decedent’s name, and you are unsure how to collect rent or open an estate account.

Apply the Law

In North Carolina, authority to act for an estate begins when the Clerk of Superior Court issues letters to a personal representative (executor or administrator). Before letters, no one can open an estate account or act for the estate. Real property generally passes to heirs or devisees at death, subject to the estate’s needs and creditor rights. As a default, heirs/devisees pay the ongoing costs of real property after death unless the PR takes possession and control because doing so is in the estate’s best interest. When the PR is authorized to take possession, the PR may collect rent and pay necessary expenses from estate funds and can seek a court order to lease or mortgage real property if needed to administer the estate.

Key Requirements

• Appointment and letters: Someone must qualify with the Clerk of Superior Court and receive letters before acting for the estate (e.g., opening an estate bank account, directing tenants, dealing with lenders).
• Who pays carrying costs by default: After death, heirs or devisees generally are responsible for mortgages, taxes, and insurance on inherited real estate unless the PR takes court-authorized control of the property.
• PR authority over real property: If in the estate’s best interest (for example, to manage multiple rentals), the PR may petition the Clerk for possession, custody, and control; once granted, the PR can collect rent and pay necessary expenses from estate funds.
• Leasing or mortgaging estate realty: The PR may obtain a court order to lease or mortgage real property when needed for administration.
• Temporary help if there’s delay: If probate is delayed, an interested person may seek appointment of a “collector” to preserve assets and handle urgent matters until a PR qualifies.
• Rents after death: Post‑death rent generally belongs to heirs/devisees unless the PR is authorized to take possession; rent that straddles the date of death is prorated.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-1 (When PR powers begin; relation-back) – PR’s authority begins on appointment; certain pre‑appointment acts by the person later appointed may be validated.
• N.C. Gen. Stat. § 28A-13-3 (PR authority over real property) – PR can seek court authorization to take possession, custody, and control of real property when in the estate’s best interest.
• N.C. Gen. Stat. § 28A-15-2 (What passes at death) – Real property generally vests in heirs/devisees at death, subject to claims and administration.
• N.C. Gen. Stat. § 28A-11-1 (Collector appointment) – Clerk may appoint a collector when PR appointment is delayed or to protect the estate.

Analysis

Apply the Rule to the Facts: With the executor delaying probate, no one has letters yet, so you cannot open an estate account or act for the estate. Because these are rentals titled in the decedent’s name, you can pay mortgages from your own funds to prevent default, but heirs/devisees typically bear these costs unless a PR takes possession. To collect rent and manage the portfolio centrally, ask the Clerk to appoint the PR promptly or appoint a collector so rents can be deposited into an estate account and expenses paid properly.

Process & Timing

1. Who files: The named executor or any interested heir/devisee. Where: Clerk of Superior Court (Estates Division) in the county of the decedent’s domicile. What: Application to probate the will and for letters (AOC‑E‑201) or, if delayed, a petition to appoint a collector. When: As soon as possible to avoid missed rent, insurance lapses, or loan defaults.
2. Once letters issue, obtain an EIN and open an estate account. Notify tenants to send rent to the estate account and notify lenders/insurers of the fiduciary change. If needed for administration, the PR petitions the Clerk for possession/control of the real property.
3. If cash flow is tight, the PR may seek an order to lease or mortgage estate property. The PR then pays necessary expenses (including mortgages) from estate funds and accounts to the Clerk during administration.

Exceptions & Pitfalls

• Paying from personal funds before letters: Keep receipts. Reimbursement is not guaranteed; heirs/devisees ordinarily carry real‑property costs unless the PR takes possession and pays from estate funds.
• Collecting rent without authority: Tenants and lenders may refuse to deal without letters. Centralize management by getting a PR or collector appointed.
• PR upkeep limits: A PR should not pay for ongoing real estate upkeep without authority from the will or the Clerk; seek an order to take possession/control first.
• Service/notice traps: Without a possession order, the PR cannot eject occupants through the estate proceeding; landlord‑tenant rules still apply for tenant evictions.

Talk to a Probate Attorney

If you’re dealing with post‑death mortgage payments and rental income while probate is delayed, 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.