Can I Enter the Home of a Deceased Relative in North Carolina?

Answer

When someone dies in North Carolina, their real estate does not automatically pass to heirs or family members. Title to the home remains in the decedent’s name until a personal representative takes control of the estate through probate. If you enter the house before the court appoints a personal representative or grants you authority, you risk committing trespass under N.C. Gen. Stat. § 14-159.3.

To secure lawful access, you must open probate by filing a petition in the clerk’s office of the county where the decedent lived. Under N.C. Gen. Stat. § 28A-6-1, the clerk appoints a personal representative based on the decedent’s will or North Carolina intestacy law. If heirs need immediate entry—for example, to prevent damage or to retrieve perishable items—the clerk can issue an interim order under N.C. Gen. Stat. § 28A-6-3. This limited order authorizes you to enter, secure utilities, change locks or place the property under lock and key.

Once appointed, the personal representative receives letters of appointment, giving them legal authority to manage estate property. At that point, you can enter the home legally. You must then prepare an inventory and appraisal for the court under N.C. Gen. Stat. § 28A-13-3. That list covers all real and personal property inside the house.

If someone other than the personal representative enters without permission or court order, the personal representative may seek removal or damages for trespass. Always get proper authorization before taking any action.

Key Steps to Accessing a Deceased Relative’s Home in North Carolina

1. Determine ownership and probate status: Check whether probate has begun. If not, real property stays in the decedent’s name.
2. File a petition for administration: Submit a petition under N.C. Gen. Stat. § 28A-3-1 in the clerk’s office.
3. Request an interim order: Ask the clerk to issue a limited entry order under § 28A-6-3 if you need immediate access.
4. Obtain letters of appointment: Once appointed, use your letters to enter, secure, and manage the home.
5. Inventory the property: File an inventory and appraisal under § 28A-13-3 within 90 days of appointment.
6. Maintain and insure the home: Change locks, secure utilities, and carry insurance to protect estate assets.
7. Communicate with heirs: Keep beneficiaries informed to avoid disputes and ensure transparency.

Take the Next Step

Entering a deceased relative’s home without proper legal authority exposes you to liability. Probate law ensures the estate moves in an orderly way and protects all parties’ rights. If you need help opening probate, obtaining an interim order or managing estate property, turn to Pierce Law Group’s experienced probate attorneys. We guide families through each step under North Carolina law.

Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055 to discuss your situation.