Dec242025
Probate Q&A Series

What steps can I take to remove a family member living in estate property without paying bills? – North Carolina

Short Answer

In North Carolina, a family member living in a deceased person’s house usually cannot be removed by changing locks or shutting off utilities. The usual first step is to have a court-appointed personal representative (executor/administrator) obtain authority over the home as part of the estate administration, and then use the correct court process to remove the occupant. If the occupant was a “tenant” under a rental agreement, the removal typically must go through the landlord-tenant “summary ejectment” process; if the occupant is there because of a family relationship, the personal representative can seek an order in an estate proceeding to eject the occupant.

Understanding the Problem

In North Carolina probate, the question is how a personal representative can regain possession of a deceased person’s house when a family member is living there and not paying ongoing expenses like utilities. The decision point is whether the occupant is in the home because of a family/personal relationship or because the deceased person had a landlord-tenant relationship with that occupant. That classification drives whether removal happens through an estate proceeding before the Clerk of Superior Court or through a landlord-tenant eviction case in small claims court.

Apply the Law

Under North Carolina law, title to a deceased person’s real estate generally passes to the heirs or devisees at death, but a personal representative may still take possession, custody, and control of the real property when doing so helps administer the estate (for example, to preserve the property or sell it to pay allowed claims). If the personal representative needs control of the house and does not already have an immediate right to possession under the will, the personal representative typically asks the Clerk of Superior Court for an order authorizing possession, custody, and control. Once the personal representative has the authority to act, removal of an occupant must follow the correct statutory procedure; “self-help” lockouts are not allowed for residential occupants covered by the eviction statutes.

Key Requirements

  • Court authority to act for the estate: A qualified personal representative must be appointed and have legal authority (letters) to handle estate assets and take the steps needed to administer the estate.
  • Authority over the real property: If the will does not give the personal representative a direct right to take possession or a power of sale/possession, the personal representative generally needs a Clerk of Superior Court order authorizing possession, custody, and control of the home as being in the estate’s best interest.
  • Use the correct removal process: If the occupant is a tenant under a rental arrangement, the personal representative typically must use the summary ejectment process in small claims court; if the occupant is there due to a family/personal relationship (not a tenancy), the personal representative can seek an ejectment order through an estate proceeding.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the main asset is a fully paid house occupied by a sibling who has not paid utilities. Before any removal can happen, a personal representative must be appointed for the estate and, if needed, obtain a Clerk of Superior Court order authorizing possession, custody, and control of the home as being in the estate’s best interest. The next step depends on whether the sibling lived there under a rental arrangement (which pushes the case into summary ejectment under Chapter 42) or lived there informally due to the family relationship (which supports an estate proceeding to eject the occupant).

Process & Timing

  1. Who files: The court-appointed personal representative (executor/administrator). Where: Clerk of Superior Court (Estates) in the county where the estate is administered. What: Open the estate and qualify; then, if the will does not already grant immediate possession/power of sale, file a petition asking the Clerk to authorize the personal representative to take possession, custody, and control of the home. When: As soon as administration needs require it, especially if unpaid utilities or deterioration risk threatens the property.
  2. Removal track selection: If the sibling is a tenant (rent agreement or lease-like arrangement), the personal representative generally files a summary ejectment case in small claims court and follows the required notice, hearing, and writ-of-possession process. If the sibling is not a tenant (occupying because of the family relationship), the personal representative can file an estate proceeding to obtain an order ejecting the occupant.
  3. Enforcement: If the court grants the requested relief, removal is carried out through lawful process (typically involving the sheriff when a writ/order for possession is issued), rather than by changing locks or removing belongings without an order.

Exceptions & Pitfalls

  • Using the wrong procedure: Treating a family occupant like a tenant (or vice versa) can cause delays and dismissal; the relationship and how the occupant got possession matters.
  • Self-help lockouts: Changing locks, shutting off utilities, or removing property without a court order can create liability and can also complicate later court proceedings.
  • Heirs vs. estate control confusion: Real estate often vests in heirs/devisees at death, but the personal representative may still need (and must properly obtain) authority to control the property for administration, sale, or debt payment.
  • Notice and service problems: Estate proceedings and eviction actions have strict service rules; improper service can restart the process.

Conclusion

In North Carolina, removing a family member from a deceased person’s home usually requires a court-appointed personal representative to get proper authority over the property and then use the correct removal process. If the occupant is a tenant, removal generally must proceed through summary ejectment; if the occupant is there because of a family/personal relationship, the personal representative can seek an ejectment order in an estate proceeding. The next step is to open the estate and, if needed, file for possession, custody, and control through the Clerk of Superior Court promptly.

Talk to a Probate Attorney

If a family member is living in estate property and refusing to pay expenses or leave, our firm has experienced attorneys who can help explain the right court process, prepare the filings, and keep the estate administration on track. 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.