What steps do I need to take to switch utilities into an occupant’s name when managing estate real property? – North Carolina

Short Answer

In North Carolina, the personal representative should first confirm legal control of the property, then require the occupant (as a month-to-month tenant) to keep all utilities in the occupant’s own name and current, in writing. If there’s a past-due balance blocking service or closing, seek Clerk approval before the estate pays anything to preserve the asset, and recover the cost by agreement or through rent. If the occupant refuses, enforce the lease through the summary ejectment process—not by shutoffs or self-help.

Understanding the Problem

As a North Carolina personal representative managing a mobile home with an oral month-to-month occupant, can I require that electric, water, and gas be in the occupant’s name now, and what do I do if a past-due balance is in the way?

Apply the Law

Under North Carolina law, a personal representative (PR) may manage estate real property when doing so is in the estate’s best interest. If the PR does not already have immediate possession by will or title, the PR can petition the Clerk of Superior Court for an order authorizing possession, custody, and control. An occupant who pays rent is a tenant; changing lease terms (like who pays utilities) must be done by agreement and enforced through the landlord–tenant process. A PR should avoid paying ongoing property expenses unless the will allows it or the Clerk authorizes it; however, the PR must protect the asset, which may include keeping essential utilities on temporarily while pursuing a long-term fix through the lease or court.

Key Requirements

• Authority over the property: Have Letters and, if needed, an order from the Clerk authorizing possession and management before directing utility arrangements or enforcing lease terms.
• Written occupancy terms: Document the month-to-month tenancy with a written lease (or assignment) that requires the occupant to place and keep utilities in the occupant’s name and current.
• Utility coordination: Contact providers with Letters (and any Clerk order) to set up an owner/landlord account only when necessary to preserve the property; do not assume responsibility for the occupant’s arrears without authority.
• Enforcement path: Give written notice and enforce through summary ejectment if the occupant will not move utilities or pay ongoing charges; do not use self-help or utility shutoffs.
• Mobile home title: For a missing manufactured home title, work with the DMV to obtain a duplicate/reissued title; some closings require proof that utility balances affecting the property are resolved.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – authorizes taking possession/control of real property and ejecting occupants; tenants require landlord–tenant procedures.
• North Carolina Gen. Stat. § 42-26 (Summary ejectment) – sets the grounds and process to regain possession from a tenant.
• North Carolina Gen. Stat. § 20-72 (Transfer of motor vehicle titles) – governs titling; manufactured homes use DMV titling procedures.

Analysis

Apply the Rule to the Facts: Here, the occupant is an oral month-to-month tenant. First, confirm you have legal control; if you do not have immediate possession by will or title, petition the Clerk for an order authorizing possession and management. Then reduce the tenancy to writing requiring the occupant to maintain utilities in their name and current. Because there is an unpaid balance, coordinate with the utility to determine whether service can continue; if a payment by the estate is truly necessary to protect the property or close a transaction, seek Clerk authorization and recover the amount under the lease.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court in the county of estate administration (for an order authorizing possession/control); utility providers directly for account coordination. What: Petition the Clerk for possession/control if needed; deliver Letters to utilities; execute a written month-to-month lease requiring utilities in the occupant’s name. When: Do this promptly after qualification and before changing utility arrangements.
2. If the occupant refuses to put or keep utilities in their name or to cure nonpayment, serve written notice under the lease and, if needed, file a summary ejectment action in Small Claims Court (AOC-CVM-201, Complaint in Summary Ejectment) in the county where the property sits. Local scheduling varies, but first settings are typically within weeks.
3. If a past-due balance blocks service or closing, request Clerk authorization before the estate pays anything to preserve the property. Document the payment and recover it from the occupant by agreement, rent application, or as part of the eviction. Separately, start the DMV process to obtain a duplicate/reissued manufactured home title.

Exceptions & Pitfalls

• Do not shut off utilities or remove meters to force compliance—self-help is unlawful and risks liability.
• Do not pay an occupant’s utility arrears from estate funds without will authority or a Clerk order; if you must pay to preserve the asset, document and seek recovery.
• Some municipal utilities handle past-due water/sewer differently and may require clearance before transfer; verify provider rules early.
• Make sure you have legal possession/control before demanding changes or collecting rent; otherwise, enforceability and accounting can be challenged.

Talk to a Real Estate Attorney

If you’re dealing with utility transfers, month-to-month occupants, or title issues on estate real 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.