Can I ask a court to put the title in my name because I made the mortgage payments and have proof? – North Carolina

Short Answer

Usually not by probate alone. In North Carolina, when someone dies without a will, the home generally passes by law to the legal heirs—not to the person who paid the mortgage—so proof of payments does not automatically transfer title.

Mortgage-payment records can still matter, but more often as a claim for reimbursement against the estate or as support for a separate civil case (such as an equitable claim) rather than a simple request to “put the deed” in one person’s name.

Understanding the Problem

In North Carolina probate, can a person who lived in a decedent’s home and paid the mortgage ask the Clerk of Superior Court to transfer the home’s title into that person’s name after the decedent dies without a known will? The key trigger is that the deed is in the decedent’s name at death, and the person seeking title is not a legally adopted child and may not be an heir under North Carolina intestate succession rules.

Apply the Law

Under North Carolina law, when a person dies without a will, the decedent’s real estate generally passes to the decedent’s heirs under the intestate succession statutes, subject to estate administration costs and valid claims. Paying the mortgage can create a financial claim, but it does not automatically change who inherits title. In many estates, the personal representative can take control of real property if needed for administration, but the underlying ownership still tracks the heirship rules unless a court in a separate proceeding imposes an equitable remedy.

Key Requirements

Heirship controls title: If there is no will, the home typically goes to the legal heirs determined under North Carolina intestate succession, not to the person who made payments.
Proof of payments is not a deed: Bank records and receipts can support reimbursement or equitable relief, but they do not, by themselves, transfer ownership in probate.
Correct forum and procedure matter: Title issues often require (1) an estate administration to identify heirs and handle claims and/or (2) a separate civil action if the request is based on fairness theories rather than inheritance.

What the Statutes Say

N.C. Gen. Stat. § 29-13 (Intestate succession; descent and distribution) – Provides that an intestate estate passes to heirs under North Carolina’s intestacy rules, subject to administration costs and lawful claims.

Analysis

Apply the Rule to the Facts: The home is titled in the decedent’s name and no will is known, so North Carolina intestate succession rules control who inherits the real estate. Because the person who paid the mortgage was raised by the decedent but not formally adopted, that person may not qualify as an heir under intestacy, even with strong proof of mortgage payoff. The payment records can still be important, but they more directly support a reimbursement claim or an equitable theory in a separate civil case rather than an automatic probate transfer of title.

As a practical matter, the first legal question is usually “who are the heirs under North Carolina law?” If the payer is not an heir, the court generally cannot simply award the deed in probate based only on fairness or payment history; instead, the payer may need to pursue a claim against the estate or negotiate a purchase from the heirs once title is properly in the heirs’ names.

For additional background on when an estate must be opened to deal with real estate, see transfer the property directly and how heir title is determined in who legally inherits the land.

Process & Timing

Who files: Typically an heir or another interested person starts the estate. Where: The Clerk of Superior Court (Estates) in the county where the decedent lived at death. What: An application to open an intestate estate and appoint an administrator (the clerk’s office provides the local process and required forms). When: As soon as practical after death, especially if the home needs to be insured, maintained, or protected from foreclosure.
Heir determination and estate administration: The administrator identifies heirs under North Carolina law, inventories assets, and handles valid debts and claims. Even though heirs generally bear ongoing real-estate expenses after death, the administrator may take control of the property if doing so helps administer the estate.
Title outcome: If the payer is an heir, title can often be cleared into the heirs’ names through the estate process and recording. If the payer is not an heir, the usual paths are (a) a creditor-type claim for reimbursement/subrogation, (b) a negotiated deed from the heirs after title is cleared, or (c) a separate civil action seeking an equitable remedy based on the specific facts.

Exceptions & Pitfalls

Adoption and legal parent-child status: Being “raised as a child” does not automatically create inheritance rights in an intestate estate. A formal adoption (or another legally recognized status) can change the heirship analysis.
Confusing reimbursement with ownership: Paying the mortgage may support repayment, but it does not automatically create title. Courts usually require a recognized legal basis to change ownership (inheritance, deed, or a separate equitable judgment).
Real estate can be tied up by estate claims: Even when heirs exist, transfers within the administration period can be affected by creditor issues and estate administration steps, so attempting to record a deed too early can create title problems later.
Documentation gaps: Payment proof should show where the money came from, what it paid (principal/interest/escrow), and whether the payments were intended as rent, a gift, or an agreement to acquire ownership. Missing context can weaken reimbursement or equitable arguments.

Conclusion

In North Carolina, proof of mortgage payments usually does not let a probate court simply transfer a decedent’s home into the payer’s name when the decedent died without a will. Title generally follows intestate succession to the legal heirs, subject to administration costs and valid claims. The most practical next step is to open (or participate in) the estate with the Clerk of Superior Court so heirs can be identified and a timely claim for reimbursement or another appropriate remedy can be evaluated and asserted.

Talk to a Probate Attorney

If you’re dealing with a North Carolina home titled in a deceased person’s name and mortgage payments made by someone who may not be an heir, our firm has experienced attorneys who can help explain the probate process, identify the likely heirs, and map out options for reimbursement or a title solution. 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.