Can the person living in the inherited home change the locks or remodel the house while probate is pending? – North Carolina

Short Answer

Usually, no. In North Carolina, when a person dies without a will, the home generally becomes owned by the heirs at law as of the date of death, and no single heir (or occupant) has the right to treat the property as solely theirs while probate is pending. Changing locks to exclude other heirs or doing major remodeling without agreement can create legal risk, especially if it affects other heirs’ access, value, or ability to sell.

Understanding the Problem

Under North Carolina probate law, when an adult child is living in a parent’s house after the parent dies without a will, can that occupant change the locks or start remodeling while the estate is still unsettled and heirship is not fully confirmed? The key decision point is whether the occupant has legal authority to control the home for everyone else (including later-discovered heirs, such as grandchildren who inherit a deceased child’s share), or whether the occupant is acting without the consent required for co-owned property.

Apply the Law

In North Carolina, when someone dies intestate (without a will), title to the decedent’s real property generally vests in the heirs at law at death, subject to the estate administration process. That means the home is typically co-owned by the heirs (often as tenants in common), and one heir’s occupancy does not automatically give that heir the right to exclude the others or to make major changes. A personal representative (administrator) can, in some situations, seek authority from the Clerk of Superior Court to take possession, custody, and control of the real property if it is in the best interest of the estate administration, including authority to remove occupants through the proper court process.

Key Requirements

Who owns the home while probate is pending: If there is no will, the heirs at law generally become the owners at death, so the occupant is usually a co-owner (not the sole owner) unless a deed or survivorship arrangement says otherwise.
Authority to exclude others: A co-owner generally cannot lock out other co-owners. Changing locks to prevent other heirs from reasonable access can trigger court involvement.
Limits on remodeling: Routine maintenance to prevent damage is different from remodeling that changes the property or spends significant money. Major improvements without agreement can lead to disputes about reimbursement, waste, and control.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Estates and Fiduciaries) – North Carolina’s main probate statutes, including rules on estate administration and a personal representative’s powers.
N.C. Gen. Stat. § 1-537 (Action by heirs for waste) – Allows an heir to bring an action related to waste affecting inherited land.
N.C. Gen. Stat. § 46A-28 (Orders in partition cases before final determination) – In a partition dispute, the court can enter temporary orders about possession, occupancy, and access while the case is pending.

Analysis

Apply the Rule to the Facts: Here, the home was titled only in the decedent’s name and there was no will, so the home generally passes to the heirs at law as co-owners as of the date of death. Because probate was not opened, there is no court-appointed administrator with clear authority to manage the property for everyone, and heirship is more complicated because one child later died and that child’s children may inherit that share. In that situation, an occupant who changes the locks or remodels without agreement risks claims that they excluded co-owners or damaged/altered co-owned property without authority.

Process & Timing

Who files: Typically an heir or other interested person starts the estate by applying to be appointed administrator. Where: Clerk of Superior Court (Estates) in the county where the decedent lived at death. What: An application/petition for letters of administration and related estate opening filings required by the Clerk. When: As soon as practical, especially if someone is occupying the home and disputes are developing.
Next step: Once appointed, the administrator evaluates whether taking possession/custody/control of the home is needed for administration (for example, to protect the property, manage insurance, coordinate access, or prepare for a sale). If needed, the administrator can seek an order from the Clerk of Superior Court to take possession/custody/control and, in appropriate cases, to remove occupants through the court process.
Final step: After heirship is confirmed and estate needs are addressed (debts, expenses, and any required court approvals), the heirs can often resolve ownership by agreement (buyout, sale, or written arrangement). If they cannot, a partition case may be used to force a division or sale, and the court can enter interim orders about access and occupancy while the case is pending.

Exceptions & Pitfalls

Maintenance vs. remodeling: Paying for basic preservation (stopping leaks, winterizing, safety repairs) is usually easier to justify than remodeling (kitchen/bath changes, removing walls, major landscaping) that changes value or marketability.
Lock changes that exclude co-owners: Changing locks for security can still be a problem if keys/codes are not provided to co-heirs or the administrator, or if the change is used to block inspections, appraisals, or showings.
Unclear heirship: When an heir dies after the decedent and leaves children, those children may step into that heir’s share. Acting as if only the surviving children matter can create disputes and cloud title.
Reimbursement assumptions: An occupant who remodels may assume reimbursement later, but reimbursement and credits are fact-specific and often contested. Written agreement before spending money helps avoid later litigation.
Partition and court orders: If co-owners cannot agree, a partition case can lead to court-ordered rules about access, occupancy, and expenses while the case is pending.

Conclusion

In North Carolina, the person living in an inherited home usually cannot treat the property as solely theirs while probate is pending, especially when the decedent died without a will and multiple heirs (including grandchildren of a deceased child) may share ownership. Changing locks to exclude other heirs or doing major remodeling without agreement can create legal and practical problems. The most reliable next step is to open the estate with the Clerk of Superior Court and have an administrator appointed so the property can be managed and access issues addressed through the proper process.

Talk to a Probate Attorney

If a family member is living in an inherited house and making lock or remodeling decisions while probate is unresolved, our firm has experienced attorneys who can help explain options, confirm who has authority, and move the estate forward. 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.