Detailed Answer

When someone dies in North Carolina, their assets pass to an estate. A personal representative (often called an administrator) manages that estate. Heirs must consent before the administrator can pay estate expenses or sell inherited real estate. Below is the step-by-step approach under North Carolina law.

1. Opening the Estate

Heirs start by filing a petition for administration with the clerk of superior court in the county where the decedent lived. If the decedent left no will or left a will without naming an executor, all heirs may join together to nominate an administrator under North Carolina General Statute § 28A-7-3. The petition must:

• Name the decedent and state that no executor is serving.
• Identify all heirs at law and their addresses.
• Nominate the person chosen to serve as administrator.
• Include written, signed consent from each heir.

2. Letters of Administration

Once the clerk approves the petition, the court issues Letters of Administration. These letters give the administrator legal authority to collect assets, pay debts, and manage real estate. Heirs can ask the court to waive any bond requirement under § 28A-14-3 if everyone agrees.

3. Consent to Estate Expenses

Estate expenses include funeral costs, taxes, appraisals, court fees, and attorney fees. The administrator pays these from estate funds. North Carolina law requires notice to heirs before major expenses. Heirs show consent by signing waivers or by not objecting in writing within the period set by the court. This written consent allows the administrator to proceed without court approval for each expense.

4. Selling Inherited Real Property

If the estate holds real property that heirs wish to sell, the administrator must petition the court. Under § 28A-15-3, the administrator shows that sale is necessary to pay debts or distribute proceeds fairly. If all heirs and interested parties sign a written consent, the clerk can enter an order approving the sale without a full hearing. Once the order issues, the administrator lists and sells the property. Sale proceeds go into the estate account, then the administrator distributes net proceeds to heirs according to the will or North Carolina’s intestacy rules.

5. Summary (Small) Estate Option

For estates with under $20,000 in personal property and no real estate, heirs may use a summary administration under § 28A-19-1. This process requires fewer formal steps but cannot handle real property sales.

Key Points at a Glance

• All heirs must sign written consent to nominate an administrator under GS 28A-7-3.
• The clerk issues Letters of Administration, giving full estate-management powers.
• Heirs sign waivers to approve funeral, tax, appraisal, and attorney fees.
• To sell real property, the administrator petitions under GS 28A-15-3 and secures heir consent.
• Under GS 28A-19-1, estates with low-value personal property can employ a summary process.

Take the Next Step

Navigating estate administration and real estate sales can feel complex. Pierce Law Group has attorneys with deep experience guiding families through North Carolina probate. Let us help you protect your inheritance and move forward with confidence. Contact our team today by emailing intake@piercelaw.com or calling (919) 341-7055.