Short Answer

In North Carolina, you cannot evict on your own just because the owner died. Only a court‑appointed personal representative (executor or administrator) with Letters from the Clerk of Superior Court has authority to control the property and remove occupants. Once appointed, the personal representative can seek a court order to eject unauthorized occupants, and must use the summary ejectment process for any bona fide tenants.

Understanding the Problem

You are a North Carolina property manager asking whether you can remove people who are remodeling a house after the landlord died, where no title transfer has occurred and bills are unpaid. The decision point is whether you have legal authority to evict or must first get someone appointed over the estate through the Clerk of Superior Court.

Apply the Law

Under North Carolina probate law, a personal representative (PR) manages a decedent’s assets. Real estate generally vests in heirs or devisees at death, but a PR may take possession if doing so is in the best interest of the estate and may eject occupants. If occupants are bona fide tenants, removal must proceed through the landlord‑tenant summary ejectment process. If no one has opened an estate, an eligible person (including a creditor) or, after time passes, the county public administrator can seek appointment so someone has authority to act.

Key Requirements

• Get legal authority (Letters): A PR must be appointed by the Clerk of Superior Court and issued Letters before controlling or securing the property.
• Identify occupant status: Bona fide tenants require summary ejectment in small claims court; non‑tenants can be removed by an order in the estate proceeding authorizing possession and ejectment.
• Possession order when needed: If heirs/devisees hold title, the PR may petition the Clerk for an order granting possession and control in the estate’s best interest.
• No self‑help: Do not lock out occupants, shut off utilities, or remove belongings without a court order and proper process.
• If no PR exists: An interested person or creditor may petition to open the estate; if no one acts for an extended period, the public administrator may seek appointment.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – PR may take possession and eject occupants; tenants require landlord‑tenant procedure.
• North Carolina Gen. Stat. § 28A-6-1 (Qualification; letters) – Clerk appoints PR and issues Letters authorizing action.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property of decedent) – Real property vests in heirs/devisees at death, subject to administration.
• North Carolina Gen. Stat. § 42-26 (Summary ejectment) – Grounds and process for removing tenants in small claims court.

Analysis

Apply the Rule to the Facts: Because the owner died over a year ago and no one with Letters appears to be in place, you lack authority to evict or control the home. The next step is to get a PR appointed. Once appointed, the PR can petition the Clerk for an order granting possession and eject unauthorized remodelers, or, if they are bona fide tenants, file a summary ejectment case in small claims court. Unpaid utilities in the decedent’s name reinforce the need for a PR to take control.

Process & Timing

1. Who files: An interested person (heir, devisee, or creditor) or the nominated executor. Where: Clerk of Superior Court, Estates Division, in the county where the decedent resided. What: Application for Probate and Letters (AOC‑E‑201 for wills) or Application for Letters of Administration (AOC‑E‑202 for intestacy). When: As soon as possible; if no one has acted, the public administrator may seek appointment after a period has passed.
2. After Letters issue, the PR determines occupant status. For unauthorized occupants, the PR petitions in the estate file for an order authorizing possession and ejectment. For bona fide tenants, the PR serves any required notice under the lease or statute and files a summary ejectment complaint in small claims court. Timeframes vary by county and docket.
3. Upon a favorable order or judgment, the Clerk or magistrate issues the appropriate writ; the sheriff executes it to remove occupants. The PR then secures the property, addresses utilities and repairs, and proceeds with estate administration.

Exceptions & Pitfalls

• If an occupant is a bona fide tenant, you must use the Chapter 42 summary ejectment process; the Clerk cannot summarily eject a tenant in an estate proceeding.
• Heirs or devisees in possession may be co‑owners; the PR should seek an order for possession and control if needed for administration rather than attempting self‑help.
• A property management agreement signed by the decedent does not give post‑death authority. Obtain direction from a PR with Letters before taking action.
• Avoid self‑help (changing locks, cutting utilities, removing belongings). Use court orders and proper service to prevent liability and delays.
• Service and notice errors in small claims or estate proceedings can derail removal; follow county procedures closely.

Talk to a Probate Attorney

If you’re dealing with unauthorized occupants at a deceased owner’s property, 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.