Short Answer

In North Carolina, your letters of appointment do not automatically let you transfer real estate located in another state. To pass clear title, you generally must follow the other state’s procedure—usually by opening an ancillary probate there or by recording authenticated copies of your North Carolina letters and the probated will if that state permits it. After the transfer or sale, return the proceeds and documents to the North Carolina estate and report them in your accounting.

Understanding the Problem

You are a North Carolina personal representative asking: How do I transfer or record title to real property located in another state during probate? Here, one key fact is that the estate may include real property in another jurisdiction, which can’t be conveyed using only North Carolina paperwork.

Apply the Law

Under North Carolina law, your authority as personal representative comes from the Clerk of Superior Court, but it does not extend beyond state lines. Title to real estate is controlled by the law of the state where the land sits. That other state typically requires either (1) an ancillary probate there, or (2) recording exemplified (authenticated) copies of your North Carolina letters and the will/order of probate in its land records or probate court if its law allows. Any remaining funds after paying local claims are remitted to the North Carolina estate and included in your accounting.

Key Requirements

• Follow the situs state’s process: Confirm whether that state requires ancillary probate or accepts recording of exemplified North Carolina letters and probate documents.
• Obtain authenticated documents: Request certified/exemplified copies of your North Carolina Letters and the probated will/order of probate from the Clerk of Superior Court before filing out of state.
• Qualify and notice if ancillary is required: Be ready to post bond, publish notice to creditors, and file a limited inventory for assets located in that state.
• Send assets back to North Carolina: After paying allowed local charges, remit net proceeds to the North Carolina estate for distribution and tax/reporting.
• Document for accounting: Keep closing statements, recorded deeds, receipts, and bank statements to support your North Carolina final account.

What the Statutes Say

• N.C. Gen. Stat. § 28A-26-1 (Domiciliary and ancillary administration) – Establishes the unitary framework and that the domiciliary proceeding controls overall administration.
• N.C. Gen. Stat. § 28A-26-3 (Ancillary letters) – Allows issuance of ancillary letters in another proceeding and explains preference for the domiciliary representative.
• N.C. Gen. Stat. § 28A-26-9 (Remission of surplus) – Requires surplus assets from ancillary administration to be delivered to the domiciliary estate.

Analysis

Apply the Rule to the Facts: Because the estate may include real property in another jurisdiction, you cannot sign a deed using only your North Carolina letters. First, obtain exemplified copies of your letters and the probated will/order, then complete that state’s ancillary or recording process before any transfer or sale. Keep proof of the sibling’s repayment, monthly statements, and tax confirmations; you will need these when you report the out-of-state transaction and finalize the North Carolina accounting.

Process & Timing

1. Who files: The North Carolina personal representative. Where: The probate court or land records office in the state and county where the property sits. What: File authenticated (certified/exemplified) copies of your North Carolina Letters and the probated will/order of probate and any situs-specific forms. When: Before listing, contracting, or signing any deed for that property.
2. If the situs state requires ancillary probate, qualify there, post any required bond, publish notice to creditors, and file any limited inventory. Expect several weeks to a few months depending on local court and county practices.
3. Record the deed or court order, collect sale proceeds, pay allowed local charges, then remit net funds to the North Carolina estate. File receipts, recorded documents, and bank statements with your North Carolina final account.

Exceptions & Pitfalls

• Letters have no force outside North Carolina—do not sign a deed in another state without ancillary authority or a permitted recording of authenticated North Carolina documents.
• Title issues: Most title insurers require exemplified probate papers and proof of your authority in the situs state.
• Bond and notice: Nonresident fiduciaries often must post bond and publish notice to creditors in the ancillary state—even if bond was waived in the will.
• Non-probate titling: Property held with right of survivorship, in a trust, or owned by an entity may bypass probate procedures; confirm titling before starting ancillary steps.
• Taxes and liens: Coordinate any required tax clearances in the other state and keep documentation for the North Carolina final account.

Talk to a Probate Attorney

If you’re dealing with an out-of-state property that must be transferred or recorded during a North Carolina probate, 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.