Detailed Answer
When someone dies, the clerk of superior court appoints an executor (also called a personal representative) who holds letters testamentary. These letters give the executor the legal authority to collect, manage, and safeguard estate property. If co-heirs change the locks or otherwise deny access, they interfere with the executor’s duty to secure and distribute assets according to the will or state law.
North Carolina law clearly empowers an executor to demand possession of estate assets and use the court’s authority to enforce that right. Under N.C. Gen. Stat. § 28A-13-3, an executor may formally demand delivery of property and, if necessary, initiate an action to obtain it. Section 28A-13-4 further authorizes the executor to collect and receive estate property even when legal title appears in another person’s name.
In practice, the executor should:
- Present a certified copy of letters testamentary to each co-heir.
- Send a written demand for access or turnover of property.
- If co-heirs ignore the demand, file a motion in the estate proceeding asking the clerk of superior court for an order enforcing delivery of estate assets.
The court may also grant immediate injunctive relief under North Carolina Rule of Civil Procedure 65 if waiting for a final award would cause irreparable harm. If co-heirs disobey the court’s order, the executor can ask the judge to hold them in contempt under N.C. Gen. Stat. § 5A-11.
Key Steps to Regain Access
- Obtain and serve certified letters testamentary on all co-heirs.
- Issue a written demand for possession of estate property, specifying a deadline.
- File a petition or motion in the probate case to enforce your demand (see N.C. Gen. Stat. § 28A-13-3).
- Ask for a preliminary injunction under Rule 65 if the property faces immediate risk.
- Seek contempt sanctions if co-heirs refuse to comply with the court’s order (N.C. Gen. Stat. § 5A-11).
- Document all communications, lock changes, photographs, and costs incurred.
- Work with a probate attorney to prepare filings and appear at hearings.
If you face locked gates, changed locks, or other interference by co-heirs, you do not have to wait or handle it alone. Pierce Law Group has attorneys experienced in North Carolina probate. We can help you enforce your authority as executor and protect estate assets.
Contact Pierce Law Group today to discuss your situation. Email us at intake@piercelaw.com or call us at (919) 341-7055 to schedule a consultation.
