Detailed Answer
When someone dies owning only real property in North Carolina, you usually must open a full probate estate to transfer title. North Carolina law defines probate as the court-supervised process that validates a will (if there is one), appoints a personal representative and authorizes that person to collect assets, pay debts and distribute property. See N.C. Gen. Stat. § 28A-2-1.
Some estates qualify for a simplified collection of personal property by affidavit. Under N.C. Gen. Stat. § 28A-15-3, heirs may use an affidavit if the decedent owned only personal assets valued at $20,000 or less. But real property does not qualify for that process.
If the decedent owned land or a home in their sole name, the clerk of superior court must appoint a personal representative. The representative will:
- File a petition for probate.
- Obtain Letters Testamentary or Letters of Administration.
- Prepare and file an inventory of the real estate.
- Secure a court order or use the will’s instructions (if any) to transfer title.
Some planning tools avoid probate for real property:
- Joint tenancy with right of survivorship: Property held in joint names passes automatically to the survivor.
- Transfer-on-death deed: A deed filed before death that names a beneficiary. See N.C. Gen. Stat. Chapter 47A.
- Revocable living trust: If the decedent placed real property into a trust, the successor trustee can distribute it without probate.
If no planning tool applies and the real estate remains in the decedent’s name alone, full probate remains necessary. You will need to prepare and file documents, serve heirs or beneficiaries, advertise for creditors and follow court-approved steps to transfer title.
Key Points to Consider
- Real property requires full probate unless it passes by joint ownership or a valid transfer-on-death deed.
- Affidavit procedures under N.C. Gen. Stat. § 28A-15-3 apply only to personal property up to $20,000.
- Probate involves petitioning the clerk’s office, appointing a personal representative and filing an inventory.
- Heirs often need a court order or the will’s provisions to record a new deed.
- Proper planning (joint tenancy, transfer-on-death deeds or trusts) can avoid a full probate.
If you face probate for real property alone, you do not have to navigate the process by yourself. Our attorneys at Pierce Law Group guide families through North Carolina probate every day. Contact us today to learn what steps apply to your situation. Email us at intake@piercelaw.com or call (919) 341-7055.
