Detailed Answer

When a person who lived in Tennessee owned real or personal property here in North Carolina at the time of death, you must open ancillary probate in North Carolina to administer that out-of-state estate. Ancillary probate gives North Carolina courts authority over property located in this state.

1. Determine if ancillary probate is needed. If the decedent left no property in North Carolina, you generally don’t need ancillary probate. But any real estate, bank accounts, or other assets here trigger this process.

2. Identify the primary personal representative. The Tennessee court will appoint a personal representative—or executor—who oversees the main probate case. That person, or a qualified successor, petitions in North Carolina.

3. File a petition in the appropriate county. Under North Carolina General Statutes § 28A-6-1, you file your ancillary probate petition in the clerk of superior court of the county where the property sits. You will submit:

• A certified copy of the decedent’s will, if one exists;
• A certified copy of the order appointing the personal representative in Tennessee;
• The decedent’s death certificate;
• A completed probate petition;
• Any required bonds or waivers.

4. Obtain Letters of Ancillary Administration. Once the clerk reviews the petition and any objections pass, the clerk issues Letters of Ancillary Administration. These letters authorize the representative to handle North Carolina assets.

5. Inventory and manage property. After appointment, the ancillary administrator must inventory and appraise the North Carolina assets. Under N.C.G.S. § 28A-13-2, the administrator has 90 days from appointment to file an inventory and appraisal with the court.

6. Distribute or sell assets. The administrator settles debts, pays taxes, and distributes property per the will or North Carolina’s intestacy laws (if no will exists). If a sale is necessary, the clerk’s approval may be required under N.C.G.S. § 28A-16-1.

7. Close ancillary administration. When all tasks finish, the administrator petitions for a final settlement. After the clerk reviews distributions and expenses, the court allows final discharge of the ancillary estate.

List: Steps to Open Ancillary Probate and Start North Carolina Probate

• Confirm the decedent owned North Carolina assets at death.
• Secure certified copies of will, appointment order, and death certificate from Tennessee.
• File ancillary probate petition under N.C.G.S. § 28A-6-1 with the clerk in the county of property.
• Post any required bond or obtain waiver of bond.
• Receive Letters of Ancillary Administration.
• Inventory and appraise North Carolina assets within 90 days (N.C.G.S. § 28A-13-2).
• Settle debts, taxes, and expenses.
• Distribute or sell assets following North Carolina law.
• File final account and petition for discharge to close the ancillary estate.

Key Points to Remember

• Ancillary probate only covers assets located in North Carolina.
• Primary administration stays in Tennessee; ancillary administration handles local assets.
• Statutory deadlines, such as the 90-day inventory requirement, are strict.
• Clerk approval is often required for asset sales.

If you face ancillary probate or need to start a new probate in North Carolina, Pierce Law Group’s attorneys guide you through each step. Contact us today for clear, practical assistance. Email us at intake@piercelaw.com or call us at (919) 341-7055.