If I already filed something at the courthouse and I’ve been paying the property taxes, what documents should I provide and does that help my claim to the home? – North Carolina

Short Answer

In North Carolina, paying the property taxes and filing “something” at the courthouse can help show possession and good-faith effort, but it usually does not transfer title by itself. Title to a deceased relative’s home typically changes through the probate process (or a limited probate filing) and then a recorded deed or other recordable instrument that reflects the heirs’ ownership. The most helpful documents are the death certificate, proof of the family relationship/heirs, and certified copies of any probate filings already opened with the Clerk of Superior Court.

Understanding the Problem

Under North Carolina probate law, the key question is whether a relative who died without a will left a house that still shows the decedent as the owner, even though a family member has lived there and paid the property taxes for years. The decision point is what paperwork is needed to prove who inherited the home and to get the public records updated so the title/deed can be put into the correct heir or heirs’ names.

Apply the Law

When someone dies without a will in North Carolina, the home does not automatically become owned by the person who moved in or paid the tax bill. Ownership follows North Carolina’s intestate succession rules (who the legal heirs are and what share each heir receives), and the estate remains subject to valid estate debts and administration costs. The main forum is the Clerk of Superior Court (Estates) in the county where the decedent lived at death (and sometimes additional filings are needed in the county where the real estate sits if different). A key timing issue is that transfers by heirs within the first two years after death can raise creditor-notice problems, while transfers after two years are often treated differently under North Carolina’s estate administration statutes.

Key Requirements

Proof of death and identity: A certified death certificate and enough identifying information to match the decedent to the property records.
Proof of who the heirs are: Documents showing the family relationships (and whether there is a surviving spouse and/or children), because intestate succession controls who inherits and in what shares.
Proof of authority or a recordable chain of title: Either a properly opened estate with a personal representative (administrator) when needed, or other recordable probate documents that allow the Register of Deeds and tax office to update ownership records.

What the Statutes Say

N.C. Gen. Stat. § 29-13 (Intestate succession; estate subject to administration costs and claims) – explains that an intestate estate passes to heirs, but remains subject to administration costs and lawful claims.
N.C. Gen. Stat. § 29-14 (Surviving spouse’s share) – sets the surviving spouse’s share of real property depending on whether there are children/descendants or parents.

Analysis

Apply the Rule to the Facts: Here, the decedent died years ago without a will, and the client has lived in the home and paid property taxes for several years. Those facts can support that the client has been maintaining the property and acting like an owner, but they do not, by themselves, prove the client is the only heir or that title has legally transferred. The documents that matter most are the ones that establish (1) the decedent’s death, (2) who the legal heirs are under North Carolina intestate succession, and (3) whether an estate was opened (and if so, what authority was granted by the Clerk of Superior Court).

What to Gather (and Why It Helps)

Certified death certificate: This is the starting point for almost every title update after death.
Deed and tax card for the property: Shows how the decedent held title (individual name vs. survivorship ownership) and helps confirm the legal description.
Any courthouse filing already made: Bring the estate file number and certified copies of what was filed (for example, an application to open an estate, letters of administration, inventories, accountings, or any order entered by the Clerk). If the filing was not an estate file (for example, a civil filing), it may not help with title.
Proof of heirship/family tree documents: Birth certificates, marriage certificates, and other records that show the relationship to the decedent and identify other possible heirs (spouse, children, grandchildren, parents). Title cannot be safely updated without identifying all heirs.
Proof of occupancy and payments: Property tax receipts, insurance declarations, repair invoices, and utility bills can help show continuous possession and maintenance. This can be useful background for negotiations among heirs and for explaining the situation to the estate clerk or a closing attorney, but it usually is not a substitute for probate/title documents.
Information about debts and liens: Mortgage statements, judgment/lien searches, and known creditor information matter because heirs’ ownership can be affected by estate debts and administration requirements.

Paying property taxes can help show that the home has been cared for and that someone has been acting responsibly. But in North Carolina, the stronger “claim” to the home usually comes from being an heir under intestate succession (or receiving the other heirs’ interests by deed), not from paying taxes alone. For more background on when an estate may be needed versus a more direct transfer approach, see transfer the property directly.

Process & Timing

Who files: Typically an heir (or another qualified person) starts the estate process if one is needed. Where: Clerk of Superior Court (Estates) in the county where the decedent lived at death. What: An estate opening filing to appoint an administrator when required, plus supporting documents (death certificate and heir information). When: As soon as practical, especially if the property needs to be sold, refinanced, insured properly, or if creditor issues exist.
Notice/claims and administration steps: If a personal representative is appointed, the estate process typically includes creditor-notice steps and an administration period before the estate can be closed. Timing can vary by county and by whether there are debts, disputes among heirs, or missing heirs.
Update title and records: Once the correct probate documents are in place and the heirs’ interests are clear, the next step is usually recording the appropriate instrument with the Register of Deeds (often a deed from all heirs to one heir, or other recordable documentation depending on the situation) and updating the county tax office ownership records.

Exceptions & Pitfalls

Other heirs exist: If there is a surviving spouse or other children/descendants, the home may be inherited in shares. One person paying taxes does not eliminate other heirs’ interests.
Real estate is not transferred by small-estate paperwork alone: Some simplified estate procedures focus on personal property and do not, by themselves, give authority to sell or convey real estate. A separate deed or proper probate authority is often still needed.
Creditor and lien issues: Even when heirs inherit, the property can still be affected by mortgages, liens, and valid estate claims. Skipping the probate steps can create title problems later when trying to sell or refinance.
Tax records are not the same as title: Getting the tax office to mail bills to a different name does not necessarily change the deed or the legal owner in the Register of Deeds.

Conclusion

In North Carolina, paying property taxes and filing paperwork at the courthouse can support the history of possession, but it usually does not transfer ownership of a deceased relative’s home. The documents that most help are a certified death certificate, proof of all heirs under intestate succession, and certified copies of any estate filings with the Clerk of Superior Court. The practical next step is to obtain the estate file information (or open the estate if needed) and then record the correct deed or recordable instrument with the Register of Deeds once the heirs and shares are confirmed.

Talk to a Probate Attorney

If a relative died without a will and the deed still shows the decedent as the owner even though a family member has been living in the home and paying taxes, a probate plan can prevent title problems later. Our firm has experienced attorneys who can help clarify the documents needed, identify the heirs, and map out the steps and timelines to update the title. 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.