How can I get a relative out of the decedent’s house if they changed the locks and won’t let the family in? – North Carolina

Short Answer

In North Carolina, family members generally cannot lawfully force entry, change locks back, or “self-evict” a relative from a decedent’s home. The usual path is to have a personal representative (executor/administrator) appointed through the Clerk of Superior Court and then use a court process to obtain possession and, if needed, an order to eject the occupant. If the occupant claims a landlord-tenant relationship, the personal representative may need to use the summary ejectment process in district court instead.

Understanding the Problem

In North Carolina probate, the key question is often: can a family member remove a relative who has taken control of a decedent’s house by changing the locks, or does the estate’s court-appointed personal representative have to act first? The actor is usually the personal representative (once appointed), the duty is to protect and manage estate property, and the relief is a court order that restores lawful possession of the home to the estate (and, if necessary, removes the occupant). Timing matters because delays can increase the risk of missing property, unpaid bills, damage to the home, or disputes about what was inside.

Apply the Law

North Carolina law generally treats a decedent’s home as estate property that must be handled through the estate administration process. A power of attorney does not give anyone authority after death, so the person who was previously an agent under a power of attorney typically cannot use that document to control the house after the decedent dies. Instead, the Clerk of Superior Court issues authority to a personal representative, and that personal representative can seek court permission to take possession and, when appropriate, to eject an occupant as part of an estate proceeding. If the occupant is truly a tenant (rather than a family member staying there based on a personal relationship), eviction procedures under the landlord-tenant statutes may apply.

Key Requirements

Proper authority to act for the estate: A court-appointed personal representative (executor/administrator) is usually the person with standing to demand access, secure the home, and ask the court for an order affecting possession.
Correct legal pathway for the type of occupant: North Carolina distinguishes between (a) occupants there because of a personal/family relationship and (b) occupants there under a landlord-tenant arrangement; the procedure to remove them can differ.
Due process and lawful enforcement: Removal typically requires a court order and sheriff enforcement; changing locks or forcing entry without court authority can create civil and sometimes criminal risk.

What the Statutes Say

N.C. Gen. Stat. § 7A-223 (Summary ejectment procedure in small claims) – Explains procedure rules for small-claims summary ejectment and what happens if title is disputed.
N.C. Gen. Stat. § 42-28 (Summons timing in summary ejectment) – Sets the short timeline for the summons/first hearing date in a summary ejectment case.
N.C. Gen. Stat. § 41-83 (Cotenants’ possession; ouster concept) – Addresses rights of possession when multiple people have ownership interests, which can affect removal strategies in some estates.

Analysis

Apply the Rule to the Facts: Here, a relative allegedly changed the locks and is blocking family access after the decedent died. Under North Carolina practice, the strongest legal footing usually comes from getting a personal representative appointed and then using that authority to secure and manage the home as estate property, including asking the Clerk of Superior Court for an order that allows the estate to take possession and, if needed, eject an occupant. The allegation that beneficiary designations and documents were changed during incapacity may be relevant to broader estate disputes, but lockouts and possession of the house are typically handled through estate authority and court process rather than informal family action.

For example, if the occupant is staying there because of a family relationship and refuses to leave, the estate commonly proceeds through an estate proceeding to obtain an order addressing possession/ejection. If the occupant claims to be a tenant with a lease or rent history, the estate may need to proceed through summary ejectment, and any dispute over title/ownership can change the forum and timeline.

Process & Timing

Who files: Typically the person seeking to be appointed personal representative (or the already-appointed personal representative). Where: Clerk of Superior Court in the county where the estate is administered (and where the property is located). What: Open the estate and qualify for letters (letters testamentary/letters of administration), then file the appropriate estate petition seeking authority to take possession/custody/control of the real property and address an occupant. When: As soon as practical after death, especially if someone is excluding others from the home.
Next step: After appointment, the personal representative documents the situation (who is inside, what property is at risk, utilities/insurance status) and makes a written demand for access/turnover. If the occupant refuses, the personal representative files for a court order in the estate proceeding or, if the facts fit a landlord-tenant situation, files a summary ejectment case in district court. Timing can vary by county and whether the occupant contests the case.
Final step: If the court grants relief, enforcement is typically handled through lawful process (often involving the sheriff). Once possession is restored, the personal representative can secure the home, inventory contents, and manage the property as required during administration.

Exceptions & Pitfalls

“Self-help” lock changes: Trying to change the locks back, shutting off utilities, or forcing entry without court authority can backfire and create liability, especially if the occupant claims tenant rights.
Tenant vs. family occupant confusion: The correct procedure can depend on whether the occupant is a tenant (lease/rent) or someone there due to a personal relationship. Using the wrong process can cause delays.
Title/ownership disputes: If the occupant claims ownership (for example, by deed, survivorship, or co-ownership), the matter may become more complex than a simple removal and may require additional court proceedings.
Power of attorney misunderstandings: A power of attorney generally does not authorize action after death; relying on it to control the house can lead to conflict and delay.

Related reading may help frame common scenarios, including relatives staying in the deceased person’s home during probate and situations where it may be necessary to remove or replace an estate administrator.

Conclusion

In North Carolina, removing a relative who changed the locks and is refusing access to a decedent’s home usually requires a court-appointed personal representative and a court order—not informal family action. The personal representative typically qualifies through the Clerk of Superior Court and then files the appropriate estate petition (or, if the occupant is a tenant, a summary ejectment case) to restore lawful possession. The most important next step is to open the estate and obtain letters so the proper party can file for possession promptly.

Talk to a Probate Attorney

If a relative has taken control of a decedent’s home by changing the locks and refusing access, probate timelines and the correct court process matter. Our firm has experienced attorneys who can help explain the options for getting a personal representative appointed and pursuing a lawful order for possession or removal. 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.