What steps can I take to evict someone squatting in the house by claiming inheritance rights? – North Carolina

Short Answer

In North Carolina, a person who is “squatting” in a deceased parent’s house does not get to stay there just by claiming “inheritance rights.” The practical steps usually involve (1) opening the estate and confirming who the legal heirs are under the intestate succession rules, and (2) having the right person (often the estate’s personal representative) obtain court authority to take possession and then remove the occupant through the proper court process. Because real estate issues can overlap between the Clerk of Superior Court (estate matters) and district court (eviction-type cases), a coordinated plan matters.

Understanding the Problem

When a North Carolina parent dies without a will owning a house, who has the right to possess the home while the estate is being administered becomes a real-world problem if a stepchild moves in and refuses to leave while claiming a future heirship filing. The single decision point is whether the occupant has any present legal right to stay in the property based on North Carolina intestate inheritance rules, as opposed to a threatened claim or petition. The next steps usually focus on confirming heirs, getting a personal representative appointed, and using the correct court process to recover possession from someone who is occupying without consent.

Apply the Law

Under North Carolina law, “heirs” are the people who inherit when someone dies without a will (intestate). A stepchild is not automatically an heir of a stepparent just because of a marriage relationship; inheritance rights generally depend on a legal parent-child relationship (such as adoption) or another rule that makes the person an heir. In an intestate estate, title to real property generally vests in the heirs at death, but the personal representative can seek authority to take possession, custody, and control of the real property when doing so helps administer the estate (for example, to protect the property or to sell it to pay estate debts). Many estate matters are handled “before the Clerk of Superior Court,” while removal of an occupant can require a separate court process depending on how the occupant got into the home and whether a landlord-tenant relationship exists.

Key Requirements

Heir status under intestate succession: The occupant must actually qualify as an heir under North Carolina’s intestate succession rules; a threatened “heirship petition” does not by itself create rights to possession.
Authority to act for the estate: A personal representative (administrator) usually must be appointed so someone has legal authority to protect estate assets and ask the Clerk of Superior Court for orders affecting estate property.
Proper forum and procedure to regain possession: Recovering possession must follow the correct court pathway (often starting in the estate file for authority to control the property, and using the appropriate removal procedure to lawfully get the occupant out).

What the Statutes Say

N.C. Gen. Stat. § 29-13 (Intestate succession; estate passes under Chapter 29) – Establishes that an intestate estate passes to heirs as provided in Chapter 29, subject to administration costs and lawful claims.
N.C. Gen. Stat. § 29-16 (Distribution among classes) – Explains how shares are determined among children and other family classes when there is intestacy.

Analysis

Apply the Rule to the Facts: The parent died without a will owning a house in North Carolina, so inheritance depends on the intestate succession statute, not on what a stepchild claims. If the stepchild has no legal parent-child link to the decedent (for example, no adoption), the stepchild generally does not qualify as an heir, which undercuts any claim of a right to possess the home. Even where title to real property can vest in heirs at death, a squatter’s refusal to leave is still addressed through court authority and procedure; the estate (through an appointed administrator) can seek an order allowing possession, custody, and control of the property for administration and then pursue lawful removal.

Process & Timing

Who files: An interested person (often a family member who is a likely heir) to open the estate and seek appointment as administrator; then the appointed personal representative acts for the estate. Where: Clerk of Superior Court (Estates) in the county where venue is proper for the estate in North Carolina. What: File the estate opening paperwork to qualify as administrator, and then file a petition in the estate file asking the Clerk to approve the personal representative taking possession, custody, and control of the house if needed for administration. When: File as soon as possible after death to avoid delays in getting authority to secure and manage the property; in many estates, early administration steps include filing an inventory on a short timeline set by the Clerk.
Next step: After appointment, document who the legal heirs are (and address any threatened “heirship” claim) and ask the Clerk for an order authorizing control of the house if control is needed to protect the property, stop waste, insure the property, or prepare for a sale to pay estate obligations. If the occupant still refuses to leave, coordinate the removal with the proper court process for possession based on the occupant’s status (for example, whether any landlord-tenant relationship exists).
Final step: Once the estate has proper authority and the correct possession case is pursued, the court process can result in a writ/order that allows lawful removal and return of possession to the party entitled to control the property for estate administration.

Exceptions & Pitfalls

Adoption and other family-status issues: A stepchild’s rights can change if there was a legal adoption or another legally recognized parent-child relationship; heirship turns on legal status, not family labels.
Self-help lockouts: Changing locks, shutting off utilities, or removing belongings without a court process can create civil and sometimes criminal exposure, and it can complicate both the estate administration and any possession case.
Mixing up the forums: The Clerk of Superior Court handles many estate orders, but removal from possession may require a separate action in the appropriate trial court depending on the occupant’s legal status. Treating every occupant as a “tenant” (or as a “trespasser”) without confirming facts can cause dismissal and delay.
Asset-transfer allegations: Claims that someone exploited incapacity and transferred assets without consent can affect what property is in the estate and who controls it, but those claims often require targeted litigation steps and proof. Waiting too long to preserve records and evidence can make those claims harder to pursue.

Conclusion

In North Carolina, an occupant does not gain a right to stay in a decedent’s house merely by claiming inheritance rights or threatening an heirship filing. The usual path is to open the intestate estate, confirm who the legal heirs are under Chapter 29, and get an administrator appointed who can seek an order from the Clerk of Superior Court to take possession, custody, and control of the home when needed for estate administration. The next step is to file to open the estate with the Clerk of Superior Court promptly.

Talk to a Probate Attorney

If someone is occupying a deceased family member’s home and claiming inheritance rights to block removal, a coordinated probate-and-possession plan can prevent expensive delays. Our firm has experienced attorneys who can help explain options, likely timelines, and the steps to regain lawful control of the property through the correct North Carolina court process. 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.