Dec202025
Probate Q&A Series

How can I enforce my right as an heir to schedule showings and control access when my siblings are selling our inherited home? – North Carolina

Short Answer

In North Carolina, heirs who inherit a house together usually become co-owners, and each co-owner has rights to occupy and use the property. But when an executor (personal representative) determines that taking control of the home is necessary for estate administration or a court-approved sale, the executor may seek to take possession and set access rules. The most practical enforcement steps are (1) written ground rules with the executor and listing agent, and (2) if that fails, a request to the Clerk of Superior Court in the estate file for an order clarifying possession and access while the property is marketed.

Understanding the Problem

In North Carolina, when siblings inherit a home and one sibling is serving as executor, a common dispute is: can an heir who is living in the home require scheduled showings and limit who enters while the house is listed for sale? The decision point is whether the executor is exercising lawful estate authority to control the property for administration and sale, or whether the heirs are acting as co-owners with equal rights of possession while the sale is handled by agreement. Timing often matters because access issues come up during the listing period, before the closing.

Apply the Law

North Carolina treats inherited real estate differently than many people expect. Title to a decedent’s real property generally vests in the heirs or devisees at death, so siblings typically become tenants in common with shared rights of possession. At the same time, the executor has statutory authority to take possession, custody, and control of estate real property if the executor determines that control is in the best interest of administering the estate. When a sale requires court involvement (a “judicial sale”), the Clerk of Superior Court supervises the process, and the clerk’s orders can address possession and, after a sale is confirmed, an order for possession may be available against parties to the proceeding.

Key Requirements

  • Co-ownership rights exist: If the children inherit the home, each heir generally has a right to occupy and use it, subject to the equal rights of the other heirs.
  • Executor’s administration authority may override day-to-day control: If the executor determines that controlling the home is needed to protect and sell it (for example, to prevent damage or to market it), the executor can seek to take possession, custody, and control as part of estate administration.
  • Court oversight may be required for certain estate sales: If the will does not give a power of sale (or there is no will), and the executor needs to sell real estate to pay estate expenses or for the advantage of the estate, the executor generally proceeds before the Clerk of Superior Court, and court orders can set enforceable rules.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the children inherited the home equally, so the occupant child is not a “guest” of the executor; they are an heir with co-ownership rights, which supports insisting on reasonable, scheduled access rather than surprise entries. At the same time, the executor has a duty to administer the estate and preserve estate assets, and listing the property for sale often requires coordinated access for the realtor, inspectors, and buyers. Because unscheduled showings and damage are occurring, this is the kind of fact pattern where the executor should impose written access protocols, and if cooperation breaks down, the estate court (the Clerk of Superior Court) can be asked to enter an order setting enforceable rules while the sale process continues.

Process & Timing

  1. Who files: Typically the heir living in the home (or the heir’s attorney) files a request/motion in the existing estate file, or initiates a contested estate proceeding if needed. Where: Clerk of Superior Court in the county where the estate is administered (and often where the property is located). What: A written request asking the clerk to (a) confirm who has possession and control during administration, and (b) set specific access rules (for example, showings by appointment only, minimum notice, accompanied entry, limitations during school/sleep hours, and responsibility for securing the premises). When: As soon as unscheduled access or damage occurs and informal coordination has failed.
  2. Supporting proof: Provide a clear timeline of incidents, photos of damage, messages showing lack of notice, and a proposed showing schedule/access protocol. If safety is a concern due to strangers entering, include that in the request.
  3. Order and enforcement: If the clerk enters an order, violations can be addressed through the court’s enforcement powers. If the sale is being handled through a court-supervised estate sale, possession-related relief may also be available through orders entered in that proceeding (including possession orders after confirmation in some sales).

Exceptions & Pitfalls

  • Executor’s power of sale vs. court-supervised sale: If the will gives the executor a power of sale, the executor may sell without getting prior court approval in many situations. Even then, access disputes can still be addressed through the estate file, but the strategy can differ.
  • “Everyone has keys” creates liability and practical problems: Allowing multiple siblings, contractors, or agents to access the property without a single controlled process often leads to disputes over missing items or damage. A single point of contact and written protocol reduces these problems.
  • Mixing probate with landlord-tenant rules: Co-owner/heir occupancy is not the same thing as a tenant relationship, so landlord “right of entry” concepts may not fit. The more reliable route is co-ownership rules plus the executor’s administration authority and, when necessary, an estate court order.
  • Partition as leverage but not a quick fix: A partition case in Superior Court can force a sale when co-owners cannot agree, but it is usually slower and more expensive than setting access rules through cooperation or estate-court involvement during an already-planned sale.
  • Child support promises after death: A private support agreement with the decedent may end at death, but a minor child may still have statutory rights such as a child’s allowance. Missing the allowance deadline is a common, avoidable mistake.

Conclusion

In North Carolina, siblings who inherit a home generally become co-owners, and each co-owner has rights to occupy and use the property. But an executor can take possession and control of the real estate when the executor determines it is necessary for estate administration and a sale. The most effective next step is to file a written request in the estate with the Clerk of Superior Court asking for an order that sets a showing schedule and access rules (appointment-only entry, notice requirements, and who may enter) and addresses damage concerns, and to do so promptly once informal requests fail.

Talk to a Probate Attorney

If a sibling-executor is selling an inherited North Carolina home and unscheduled showings or property damage are happening while an heir and child still live there, a probate attorney can help push for written access protocols and, when necessary, seek an enforceable order from the Clerk of Superior Court. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.