Short Answer

Under North Carolina law, your status as an heir is determined here, but title to land outside North Carolina follows the law where that land is located. If you are the only heir and there is no surviving spouse, you would inherit your parent’s share under intestacy—but you will still need a local (ancillary) process in the other state or country to transfer or protect that real estate. Open an estate in the North Carolina county of domicile promptly, then use those papers to start the required proceeding where the property sits.

Understanding the Problem

In North Carolina probate, you want to know whether you, as the only child, can claim and protect your parent’s real estate that sits outside North Carolina, especially if a sale is looming. One key fact: the death certificate incorrectly lists an ex-partner as a spouse.

Apply the Law

North Carolina’s intestacy rules determine who the heirs are when someone dies without a will. Real property located outside North Carolina, however, transfers under the law of the place where it sits. Practically, that means you must (1) open an estate in the North Carolina county where your parent lived to establish heirship and obtain Letters of Administration, and (2) use those Letters to start an ancillary or local process in the other jurisdiction to block or complete any transfer there. The Clerk of Superior Court is the forum for estate filings. Within two years of death, North Carolina places limits on heir sales of North Carolina real estate unless a personal representative joins after notice to creditors; other jurisdictions have their own timelines.

Key Requirements

• Establish heirship in North Carolina: Open an intestate estate with the Clerk of Superior Court where your parent was domiciled; obtain Letters of Administration to act.
• Confirm marital status: The Clerk can determine whether a person is a surviving spouse for inheritance; a death certificate entry does not control inheritance rights.
• Follow the law where the land sits: Use certified/exemplified North Carolina Letters to begin an ancillary or equivalent proceeding in the other state/country to assert your rights and prevent a wrongful sale.
• Mind sale/creditor rules: For North Carolina real estate, heir sales within two years face restrictions unless the personal representative joins after notice to creditors; other jurisdictions impose their own rules.
• Provide required notices: Publish notice to creditors in the North Carolina estate and comply with any notice or publication required in the ancillary venue.

What the Statutes Say

• N.C. Gen. Stat. § 29-14 (Share of surviving spouse) – Sets the spouse’s intestate share, which reduces a child’s share when a spouse survives.
• N.C. Gen. Stat. § 29-15 (Order of intestate succession) – Lists which relatives inherit and in what order when there is no will.
• N.C. Gen. Stat. § 28A-15-2 (Vesting of real property) – Explains how nonsurvivorship real property vests in heirs at death, subject to estate needs.
• N.C. Gen. Stat. § 28A-26-1 (Ancillary administration framework) – Establishes the relationship between a home-state estate and proceedings where out-of-state property is located.

Analysis

Apply the Rule to the Facts: As the only child, you are an heir under North Carolina intestacy. If there is no surviving spouse, your parent’s share passes to you. Because the death certificate lists an ex-partner as spouse, ask the Clerk to determine spousal status in the estate; the certificate alone does not control. Once you’re appointed administrator, you can use North Carolina Letters to open the required process in the other jurisdiction to pause or control any sale and have title transferred appropriately there.

Process & Timing

1. Who files: The child (as an interested person). Where: Clerk of Superior Court in the North Carolina county of the decedent’s domicile. What: File AOC-E-202 (Application for Letters of Administration) and, if needed, a petition in the estate to determine heirs/spousal status. When: File promptly, especially if a sale abroad is imminent.
2. After you receive North Carolina Letters, obtain certified/exemplified copies. Retain counsel in the other state/country to start the ancillary or local proceeding, file your papers, and request any needed protective orders to prevent a wrongful sale. Timeframes vary by jurisdiction; many require local notices to creditors or interested parties.
3. Once the foreign proceeding recognizes your authority, complete the transfer or sale consistent with that jurisdiction’s law; then coordinate final distributions with the North Carolina estate before closing.

Exceptions & Pitfalls

• If a valid surviving spouse exists, your share changes under North Carolina intestacy; ask the Clerk to resolve spousal status if disputed.
• Foreign land follows foreign law; being the only heir in North Carolina does not override forced-heirship or local transfer rules abroad.
• Do not rely on the death certificate alone; resolve marital status in the estate proceeding and pursue a formal correction separately if needed.
• Failing to obtain North Carolina Letters delays your ability to act in the foreign venue; missing local notice or filing steps can stall or void transfers there.

Talk to a Probate Attorney

If you’re dealing with out-of-state or international real estate after a North Carolina death, our firm has experienced attorneys who can help you understand your options and 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.