Dec222025
Probate Q&A Series

Can I enforce or complete the existing forestry contract on the farm as an heir after probate? – North Carolina

Short Answer

Usually, no—not by yourself while the estate is still in probate. In North Carolina, when a deceased owner had a binding (bilateral) contract involving the sale or conveyance of real property interests, the estate’s executor (the “personal representative”) is typically the party who must carry the contract forward and sign the deed or other conveyance, and the contract counterparty generally looks to the executor rather than an heir for performance. After probate, once the farm is distributed into the heirs’ names, the co-owners can enforce or complete contracts as owners, but the exact answer depends on whether the forestry agreement is a true binding sale contract, an option, or another type of arrangement.

Understanding the Problem

In North Carolina, a common question after a parent’s death is whether an heir can step in and finish or enforce a pending forestry agreement tied to a farm (for example, an agreement to sell timber rights, conduct harvesting, or complete a sale where a down payment has already been made). The decision point is who has legal authority to act on behalf of the owner while probate is open: the executor named in the will, or the heirs who are expected to co-own the land after the estate closes. The timing matters because the authority to sign, demand performance, or return funds can be different before distribution versus after the Clerk of Superior Court closes the estate and title is effectively in the heirs’ names.

Apply the Law

Under North Carolina estate administration rules, the executor (also called the personal representative) generally controls estate administration and has duties to preserve estate assets while the estate is pending. If the deceased person had a bilateral contract to sell real property (or a real property interest), the other party typically seeks conveyance from the personal representative, and the personal representative signs the deed (including a deed with warranties if the contract requires it, with warranties binding the estate rather than the personal representative personally). A key nuance is that if the arrangement is an option that was not exercised before death, enforcement may fall on the heirs or devisees rather than the personal representative. Whether a “forestry contract” fits into the first category (a binding sale/conveyance contract) or the second category (an unexercised option) is often the pivotal issue.

Key Requirements

  • Authority to act during probate: While the estate is open, the personal representative usually has the practical authority to deal with pending contracts affecting estate property, including deciding what documents to sign and how to collect or return contract funds consistent with the estate’s interests.
  • Contract type matters (binding sale vs. option): A bilateral contract typically points to the personal representative as the signing party for any deed or conveyance; an option that was not exercised before death may point to the heirs/devisees as the parties who can enforce once they have title.
  • Real property timing and creditor protection: Even when heirs will ultimately take title, transactions affecting estate real property during administration can be vulnerable if done without the personal representative, especially before notice to creditors and final accounting.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The farm is still in probate, and the will names one child as executor. That means the executor is usually the person with authority to address a pending forestry contract tied to the farm, including communicating with the forestry buyer/contractor, confirming whether the agreement is a binding sale/conveyance or an option, and determining what documents must be signed and by whom. Because the farm is expected to be co-owned only after probate is complete, an heir acting alone before distribution may not have clean authority to “complete” the transaction, especially if the contract requires a deed or another conveyance affecting title or timber rights.

Process & Timing

  1. Who acts: The executor/personal representative. Where: The Clerk of Superior Court (Estates) in the county where the estate is administered, and potentially the Register of Deeds in the county where the farm is located for any recorded instruments. What: Confirm the will is admitted to probate and the executor is formally appointed; gather the full forestry contract, proof of the down payment, and any timber deed/option language. When: As soon as possible after death, and before any contractual performance deadlines in the forestry agreement.
  2. Contract classification step: The executor (often with counsel) determines whether the forestry deal is a binding contract requiring the estate to convey a real property interest (often handled through the personal representative) versus an option that was not exercised before death (which may change who can enforce after distribution).
  3. Performance or resolution: If it is a binding contract, the executor typically completes performance on behalf of the estate (including signing the needed deed or conveyance document). If performance is not appropriate, the executor addresses contract remedies (for example, negotiating termination, escrow release, or return/credit of the down payment consistent with the contract and estate administration duties) and reports the transaction in estate accountings.

Exceptions & Pitfalls

  • Option vs. contract trap: Some “forestry contracts” are really options to purchase timber rights. If the option was not exercised before death, the proper party to enforce may shift to the heirs/devisees once they hold title, rather than the executor.
  • Signing the wrong document: If the contract requires a specific type of deed or timber conveyance, an heir’s signature alone may not satisfy the contract during probate. The wrong signature can create title and payment disputes.
  • Creditor and timing issues: Conveyances by heirs/devisees during administration can be ineffective against creditors or the personal representative unless statutory timing and joinder requirements are met. This risk is higher early in the administration process and before the estate is ready to close.
  • Original will and authority proof: With only a copy of the will in hand, the estate may need to address probate of the will (including locating the original at the other law firm) so the executor can obtain letters and act. Delays here can cause missed forestry-contract deadlines.

Conclusion

In North Carolina, an heir typically cannot unilaterally enforce or complete a pending forestry contract tied to estate farmland while probate is open. If the agreement is a binding contract to convey a real property interest, the executor/personal representative is generally the party who completes the transaction and signs the necessary conveyance documents, and the other side usually looks to the executor for performance. The next step is to have the executor promptly review the forestry contract and, if performance is required, complete it through the estate before contractual deadlines expire.

Talk to a Probate Attorney

If a North Carolina estate includes a farm with a pending forestry contract and a down payment, timing and signing authority matter, and mistakes can create title and payment disputes. Our firm has experienced attorneys who can help explain who has authority to act during probate and what steps to take with the Clerk of Superior Court. 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.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.