Short Answer

In North Carolina, mortgage and utility companies generally will not recognize an heir or beneficiary until someone is officially appointed to act for the estate. Your fastest path is to open the estate and qualify as the personal representative (or ask the court to appoint a neutral fiduciary) so you can present Letters to the lenders and service providers. If a will dispute (caveat) is filed, you can still seek court-approved authority to pay the mortgages, secure the homes, and manage utilities while the dispute is pending.

Understanding the Problem

You want to know how, in North Carolina probate, you can get a mortgage servicer to recognize your rights and allow property transfer or account access when a will is being challenged. The Clerk of Superior Court oversees estate administration. Here, one key fact is that there are conflicting will copies and a missing witness signature, and the homes are at risk of foreclosure.

Apply the Law

Under North Carolina law, real estate typically passes to heirs or devisees at death, but administration by the Clerk of Superior Court controls how the estate is managed. If a will is contested, a caveat may be filed and the case moves to Superior Court, but the Clerk can still oversee steps to preserve assets. A qualified personal representative (or a court‑appointed fiduciary during a dispute) has the duty and power to secure estate property, maintain insurance and utilities, and pay liens like mortgages—with notice and court approval during a caveat.

Key Requirements

• Get legal authority: Open the estate and qualify for Letters (or request appointment of a neutral fiduciary) so you can act for the estate and deal with lenders and utilities.
• Manage during a caveat: While a will dispute is pending, you cannot distribute assets, but you may pay taxes, funeral costs, and debts that are liens (including mortgages) after filing a notice of intent and obtaining Clerk approval if anyone objects within 10 days.
• Secure and control the property: Record the probated will in any county where the land lies and, if needed, petition the Clerk for possession, custody, and control of the real property, including addressing unauthorized occupants.
• Coordinate with the lender and utilities: Provide Letters and any preservation orders; request recognition as the estate’s authorized contact; seek payment application and account updates consistent with court orders.
• Watch foreclosure timelines: Foreclosure hearings occur before the Clerk; you can appear, show pending estate authority and approved payments, and request time to cure where appropriate.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – PR may secure property, maintain insurance/utilities, and manage real property; can seek possession/control.
• N.C. Gen. Stat. § 31-36 (Actions during pendency of caveat) – No distributions; PR may pay taxes, funeral, and liened debts after notice; Clerk can rule on preservation issues.
• N.C. Gen. Stat. § 28A-15-2 (Title to property) – Real property vests in heirs/devisees at death, subject to estate administration.
• N.C. Gen. Stat. § 28A-2A-13 (Recording probated will in other counties) – File certified copies where other North Carolina real estate is located.

Analysis

Apply the Rule to the Facts: Because the will has execution issues and conflicting copies, open the estate promptly and seek appointment as personal representative or ask the court to appoint a neutral fiduciary. With Letters, you can present authority to the mortgage and utility companies. If a caveat is filed, you may still pay the mortgage (a lien) by filing a notice of intent and proceeding if there is no objection or after Clerk approval. Use a petition for possession/control to address the unknown occupant and to manage utilities and insurance while foreclosure risk is addressed.

Process & Timing

1. Who files: You (or another interested party). Where: Clerk of Superior Court in the decedent’s North Carolina county of domicile. What: Application for Probate and Letters (AOC‑E‑201) and, upon approval, Letters (AOC‑E‑403). When: File as soon as possible; if a caveat is filed later, restrictions apply but preservation steps continue.
2. After qualification, provide Letters to mortgage servicers and utilities; record certified copies of the probated will in any North Carolina county where the properties sit; if a caveat is pending, file a Notice of Intent to Pay secured debts and serve parties—objections are due within 10 days.
3. If needed, petition the Clerk for an order granting possession, custody, and control of the homes (to secure, insure, manage utilities, and address unauthorized occupancy). If foreclosure is scheduled, appear at the hearing before the Clerk to report your authority and approved payment plan and request time to cure as appropriate. Expect county‑by‑county variation on scheduling.

Exceptions & Pitfalls

• Acting without Letters: Lenders and utilities usually will not recognize you without official authority; qualify or seek appointment of a neutral fiduciary.
• Distributions during a caveat: Do not distribute assets; use the notice-and-approval process to pay mortgages, taxes, insurance, and other allowed items.
• Occupancy: Do not use self‑help; seek a court order for possession/control to address an unauthorized occupant.
• Recording: If property lies in another North Carolina county, file certified copies of the probated will there to update land records.
• Multiple will versions: If a caveat proceeds, all will “scripts” should be addressed in that single proceeding to avoid later disputes.

Talk to a Probate Attorney

If you’re dealing with lender roadblocks, a will challenge, and looming foreclosure on estate real estate, 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.