Jul292025
Probate Q&A Series

Do I Need to Open Probate for an Inherited Home in North Carolina if I Plan to Keep It in the Family?

Detailed Answer

When someone dies owning a home solely in their name, North Carolina law generally requires you to open a probate estate to transfer clear title. Probate is the court-supervised process of settling the decedent’s affairs. Through probate, the court appoints a personal representative, verifies the will (if there is one), pays valid debts, and distributes assets to heirs or beneficiaries under N.C. Gen. Stat. § 28A-2-1.

Key points to consider:

  • Sole Ownership: If the decedent held the home solely in their name and did not use a valid Transfer on Death Deed, probate is necessary to pass title.
  • Joint Ownership: Homes held in joint tenancy with right of survivorship automatically pass to the surviving co-owner without probate.
  • Transfer on Death Deed: North Carolina law allows a revocable beneficiary deed (Transfer on Death Deed) under N.C. Gen. Stat. § 47B-1. If the decedent recorded such a deed naming you, you can record an affidavit of delivery instead of opening probate.
  • Small Estate Procedure: North Carolina’s simplified affidavit process (N.C. Gen. Stat. § 28A-15-1) applies only to personal property up to $20,000. It does not transfer real estate.

In most cases where you plan to keep the inherited home in the family, you will need to probate the estate if the decedent was the sole owner and no beneficiary deed exists. During probate, you or another heir will petition the court to be appointed personal representative. After administration, the court issues an order for distribution. You then prepare and record a new deed in the names of the heirs.

Steps to Transfer an Inherited Home Through Probate

  • File a Petition for Probate and submit the original will (if any) to the clerk of superior court.
  • Obtain Letters Testamentary or Letters of Administration appointing the personal representative.
  • Inventory assets, pay valid debts and taxes, and prepare a Final Accounting.
  • File a Petition for Distribution of Real Property, including a proposed order dividing the home among heirs.
  • Record a new deed reflecting the heir(s) as owner(s) with the register of deeds.

Call to Action

If you inherited a home in North Carolina and want to keep it in the family, you will most likely need to open probate to clear title and comply with state law. The attorneys at Pierce Law Group have many years of experience guiding families through probate administration. Contact us to discuss your situation:

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.