Can a family member legally evict a tenant from an inherited probate property in North Carolina?
Detailed Answer
When a property owner dies leaving tenants in place, the property enters probate. During probate, North Carolina law vests management of estate property in the personal representative (sometimes called an executor or administrator). Family members who have not been appointed as personal representative cannot take steps to evict a tenant on their own.
To gain authority, an interested family member must petition the clerk of superior court to be appointed personal representative under Chapter 28A of the North Carolina General Statutes. Once appointed, the personal representative can:
- Collect rents.
- Pay expenses.
- Lease or manage property.
- Seek possession of real estate if a tenant refuses to vacate.
Under N.C.G.S. 28A-14-2, the personal representative may petition for an order to recover possession of estate real property from a holdover or non-paying tenant.
After probate closes, title passes to the heirs or devisees. At that point, those individuals become landlords under North Carolina landlord-tenant law. If a lease has ended or a tenant holds over, they must follow the eviction process set out in Chapter 42. This process generally includes:
- Serving a written notice to quit under N.C.G.S. 42-14.
- Filing a summary ejectment action in the appropriate court.
- Obtaining a judgment and writ of possession if the tenant does not comply.
Failure to follow these steps can delay or invalidate the eviction.
Key Points to Remember
- Inheritance does not grant automatic authority to evict; you must be appointed personal representative.
- Personal representatives act under Chapter 28A of the North Carolina General Statutes.
- Heirs receive title only when probate closes; until then, they cannot enforce eviction.
- Once you have title, use Chapter 42 eviction procedures, including proper notice and court filings.
- Missteps in procedure can lead to delays or legal challenges by the tenant.
Next Steps
Handling tenants in probate involves careful navigation of estate law and landlord-tenant rules. To protect your rights and comply with North Carolina statutes, work with an attorney who understands both probate administration and eviction procedures.
Call to Action: Pierce Law Group has many years of experience guiding families through probate and eviction matters. If you need help obtaining the right legal authority or pursuing a lawful eviction, contact our team today. Email us at intake@piercelaw.com or call (919) 341-7055.
