Can criminal charges arise if a squatter refuses to leave inherited property? – North Carolina

Short Answer

Yes, criminal charges can arise in North Carolina, but usually only after a clear legal right to possession is established and the occupant has been properly ordered to leave or properly notified. A person who stays after a court order (or after lawful notice and refusal to leave) can face criminal trespass in some situations. Even so, removing a squatter from inherited property is typically handled first through probate and civil court processes, not an immediate arrest.

Understanding the Problem

In North Carolina, can criminal charges happen when a stepchild stays in a decedent’s home after death, while an estate administration is pending and inheritance is disputed? Can a personal representative force the occupant to leave before title is formally transferred by probate order, and what happens if the occupant refuses to go? The decision point is whether the occupant’s continued presence is treated as a civil possession dispute that must be resolved through the Clerk of Superior Court or a civil ejectment/eviction process, or whether the facts have reached the point where law enforcement can treat the person as a trespasser.

Apply the Law

North Carolina generally treats “who has the right to possess the home right now” as a legal question that must be resolved through probate and civil procedures. During estate administration, the personal representative (PR) may be able to obtain authority to take possession, custody, and control of the decedent’s real property when doing so helps administer the estate. If the PR obtains a court order establishing the estate’s right to possession and the occupant still refuses to leave, the refusal can shift from a civil dispute toward criminal exposure, depending on the type of order and the circumstances.

Key Requirements

Clear right to possession: A court order or other legally recognized authority must establish who has the right to possess the property during the estate administration (often the PR acting under court authority).
Proper procedure and notice: The PR must use the correct process for the type of occupant (for example, a personal-relationship occupant versus a true landlord-tenant situation) and properly serve the required paperwork.
Refusal after lawful demand or order: Criminal consequences become more realistic when an occupant remains after a lawful order to leave (or after lawful notice and refusal to depart), rather than during an unresolved inheritance contest.

What the Statutes Say

N.C. Gen. Stat. § 42A-26 (Violation of court order) – In the vacation-rental eviction context, failing to vacate in accordance with a court order constitutes criminal trespass under the criminal trespass statute referenced in this section.
N.C. Gen. Stat. § 1-537 (Action by heirs) – Allows an heir to bring an action related to waste on inherited property, which can matter when an occupant damages or depletes the property while possession is disputed.
N.C. Gen. Stat. § 1-535 (Tenant in possession liable) – Addresses liability issues involving continued possession in certain tenant-related scenarios, which can overlap with estate possession disputes depending on how the occupancy began.

Analysis

Apply the Rule to the Facts: Here, the estate is being administered in North Carolina without a will, and a stepchild is staying in the home while contesting inheritance. That combination often starts as a civil/probate possession problem because the dispute centers on who has the present right to control the property during administration. If the PR obtains an order from the Clerk of Superior Court authorizing the PR to take possession, custody, and control of the home for estate administration and the stepchild still refuses to leave, the refusal becomes harder to frame as a mere inheritance disagreement and can support stronger enforcement options, including involvement of law enforcement depending on the order and local practice.

Process & Timing

Who files: The personal representative (or, in some situations, another interested person depending on the type of estate proceeding). Where: Clerk of Superior Court in the county where the estate is administered and/or where the property is located in North Carolina. What: A petition in an estate proceeding requesting authority for the PR to take possession, custody, and control of the decedent’s real property, and (when needed) relief to remove an occupant. When: As soon as possession is needed for administration (for example, to secure the home, maintain insurance, prevent waste, or prepare for sale if required to pay estate debts).
Service and hearing: The PR typically must name and serve heirs and other required parties. The Clerk commonly sets a hearing. The PR should be prepared to show why taking control is in the best interest of the estate (for example, protecting the property, managing expenses, or addressing occupancy issues).
Order and enforcement: If the Clerk enters an order authorizing possession (and, when appropriate, ejectment relief), the next step is to follow the order’s enforcement path. If the occupant still refuses to leave after the order and proper service, the PR’s attorney can advise whether enforcement proceeds through civil enforcement (such as writs and sheriff involvement) and whether the refusal also supports criminal trespass involvement based on the specific order and facts.

Exceptions & Pitfalls

“Squatter” versus tenant versus family occupant: North Carolina procedures can differ depending on whether the occupant lived there due to a personal relationship with the decedent or under a landlord-tenant arrangement. Using the wrong process can delay removal and weaken enforcement.
Skipping the Clerk and trying self-help: Lockouts, utility shutoffs, or removing belongings without proper court authority can create civil liability and can backfire in court. Estate disputes often require a clean paper trail and strict due process.
Assuming police will remove someone immediately: Law enforcement often treats “who has the right to possess” as a civil question unless there is a clear court order or clear trespass facts. Getting the right probate/civil order first often makes enforcement realistic.
Property damage while the dispute is pending: If the occupant damages the home or strips fixtures, the estate or heirs may need to pursue civil remedies tied to waste or recovery of estate property in addition to removal.

Conclusion

Criminal charges can arise in North Carolina when an occupant refuses to leave inherited property, but the situation usually starts as a probate and civil possession dispute. The key is establishing a clear right to possession during estate administration—often through an estate proceeding before the Clerk of Superior Court authorizing the personal representative to take possession and, when appropriate, remove an occupant. The practical next step is to file the appropriate petition with the Clerk of Superior Court as soon as possession is needed for administration.

Talk to a Probate Attorney

If you’re dealing with an inherited home where a family member or other occupant refuses to leave during a North Carolina estate administration, our firm has experienced attorneys who can help explain the probate process, the proper court filings, and realistic enforcement 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.