Short Answer

Yes. In North Carolina, your right to stay depends on how title passed after each death and whether you (or another personal representative) have been appointed by the Clerk of Superior Court. You can open probate for both estates, probate the handwritten will if it meets North Carolina’s holographic requirements, update title, and—if needed—ask the court to confirm your right to possess the home and stop any improper lockouts or removals.

Understanding the Problem

In North Carolina probate, can you stop your adult child from forcing you out of the house when you are living there and a deceased parent left a handwritten will naming you as heir? The key decision point is whether you can quickly open both estates, prove the handwritten will, and establish who holds title and the right to possess the home.

Apply the Law

Under North Carolina law, real estate generally vests at death in the heirs or devisees, subject to administration. A holographic (handwritten) will is valid if it is entirely in the decedent’s handwriting and signed by the decedent; no notary or witnesses are required for execution, but probate requires affidavits from three witnesses familiar with the handwriting. The Clerk of Superior Court handles probate and issues letters to the personal representative, who can take possession of real property when needed for administration and may seek a court order to eject occupants only when appropriate. Title must be updated and, when there is a will, recording the certified probate in the county where the land lies protects against later challenges and facilitates transactions.

Key Requirements

• Prove the handwritten will: Show it is entirely in the decedent’s handwriting and signed; provide three handwriting-witness affidavits to the Clerk.
• Open both estates and get letters: Apply with the Clerk of Superior Court for letters testamentary/administration so someone has authority to act for each estate.
• Confirm how title passed: Check the deed (tenancy by the entirety, joint with survivorship, or tenants in common) to see who owned the home after the first death and after the second.
• Record probate where the land is: File certified copies of the will and certificate of probate in the county where the real property is located to reflect title.
• Protect possession through the court if needed: The personal representative can seek an order regarding possession or ejectment of occupants only when required for administration.
• Creditor protection: Publish/serve notice to creditors during administration so title and any sale or financing are protected against creditor claims.

What the Statutes Say

• N.C. Gen. Stat. § 31-3.4 (Holographic wills) – Defines handwritten will requirements.
• N.C. Gen. Stat. § 28A-2A-9 (Probate of holographic will) – Requires testimony/affidavits for probate.
• N.C. Gen. Stat. § 28A-15-2 (Real property vests at death) – Title vests in heirs/devisees, subject to administration.
• N.C. Gen. Stat. § 28A-13-3 (Personal representative’s powers) – Authority to take possession of real estate and seek ejectment if needed.
• N.C. Gen. Stat. § 31-39 (Effect of probate on title) – Probate/recording protects title against creditors and purchasers.

Analysis

Apply the Rule to the Facts: First, open probate for the parent who wrote the handwritten will and offer the will for probate with three handwriting affidavits; if valid, you are the devisee and title to that parent’s share relates back to death. Next, open the spouse’s estate (intestate if there was no will) to confirm how the other share passed. With letters issued, you or another personal representative can maintain possession of the home when needed for administration and can oppose any self-help attempts by your son to remove you without a court order. Recording the probate in the county where the land is located and publishing notice to creditors will solidify title and protect future transactions.

Process & Timing

1. Who files: You (as devisee) file for both estates. Where: Clerk of Superior Court in the North Carolina county of each decedent’s domicile. What: AOC-E-201 (Application for Probate and Letters); for the handwritten will, include AOC-E-302 (Affidavits for Probate of Holographic Will). When: File as soon as possible; there is no strict deadline to offer a will, but timing affects creditor protections.
2. After letters issue, update title: record the certified will and certificate of probate (AOC-E-304) in the county where the property is located; publish/serve notice to creditors; secure and maintain the home. County practice varies; expect several weeks for initial approvals.
3. If challenged or threatened with removal, seek an estate order confirming your right to possess the property during administration; if someone else improperly excludes you, the personal representative can ask the court for appropriate relief.

Exceptions & Pitfalls

• Deed form matters: tenancy by the entirety or joint survivorship can shift ownership to the survivor before any will takes effect; always review the deed.
• A notarized handwriting alone does not make a valid holographic will; it must be entirely in the decedent’s handwriting and signed, and you must provide handwriting affidavits to probate it.
• Do not use self-help lockouts. Only a properly appointed personal representative can seek court-ordered ejectment when required for administration.
• Record certified probate in the property’s county; failing to do so can complicate title and transactions.
• Transactions within two years of death can be void as to creditors unless proper creditor notice is given and administration requirements are followed.

Talk to a Probate Attorney

If you’re dealing with a family dispute over who can stay in a North Carolina home after both parents passed, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

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.