Short Answer

In North Carolina, a court-appointed estate administrator has no automatic right to enter a house you now solely own by a valid survivorship deed. The administrator must either (1) get a court order from the Clerk of Superior Court authorizing access to real property for estate administration, or (2) file a proceeding to recover specific estate assets believed to be inside. The administrator still must file a 90-day inventory, but that duty does not grant self-help access to your home.

Understanding the Problem

In North Carolina probate, can a court-appointed administrator enter your home to “inventory” when you are the sole surviving joint owner by a survivorship deed? You want to stop entry and protect boxed items until the estate’s inventory is handled properly. This FAQ explains who can enter, when, and what you can do to keep control of your home.

Apply the Law

Under North Carolina law, title to real property held with a right of survivorship passes to the surviving owner at death, outside the probate estate. An administrator does not gain automatic possession of such real estate. To take possession or control of real property for estate administration, the administrator must either already hold title by will or obtain an order from the Clerk of Superior Court after a petition and notice to interested parties. If estate personal property is believed to be in someone’s possession, the administrator (or another interested person) may file an estate proceeding to examine and seek recovery of that property. The 90-day inventory is mandatory, but filing it does not confer entry rights. The primary forum is the Clerk of Superior Court in the county where the estate is administered, and a key timing rule is the inventory due within three months of qualification.

Key Requirements

• Ownership by survivorship: If the deed creates a right of survivorship, you own the home outright at death; it is not a routine estate asset.
• No self-help entry: An administrator cannot enter a surviving owner’s home without consent or a Clerk’s order authorizing possession/control for estate purposes.
• Targeted recovery of estate items: If estate property is inside the home, the administrator must use a recovery proceeding with notice and an opportunity to be heard.
• 90-day inventory duty: The administrator must file an inventory within three months of qualifying; the Clerk can compel compliance if it is late.
• Life insurance usually outside estate: Policies payable to a named beneficiary are typically non-probate and not controlled by the administrator.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Joint tenancy; survivorship must be stated) – Survivorship exists only if the deed says so.
• North Carolina Gen. Stat. § 28A-13-3 (Powers; possession of real property) – PR needs title or a Clerk’s order to take possession and may seek ejection by order.
• North Carolina Gen. Stat. § 28A-15-12 (Recover estate property; examination) – Proceeding to examine persons and recover property of the estate.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory due in three months) – Administrator must file a detailed inventory within three months of qualification.

Analysis

Apply the Rule to the Facts: Because you hold the house by a survivorship deed, title passed to you at death and is not a routine estate asset. That means the administrator has no automatic right to enter. If the administrator believes estate personal items are inside, they must file the proper proceeding and obtain an order, not use self-help. Separately, the administrator’s refusal to complete the 90-day inventory can be addressed by asking the Clerk to enforce the filing requirement.

Process & Timing

1. Who files: You (as the surviving homeowner) may file a verified petition for instructions/protective relief in the estate file. Where: Clerk of Superior Court in the county where the estate is pending. What: A petition asking the Clerk to (a) confirm no entry without a court order; (b) set ground rules for any inspection or itemization of estate property; and (c) enforce the 90‑day inventory deadline if missed. When: File promptly if the administrator is demanding entry or the 90‑day deadline approaches/has passed.
2. The Clerk sets a hearing (often within a few weeks, timing varies by county), issues an Estate Proceeding Summons to respondents, and may allow limited, supervised access only if needed and legally justified.
3. The Clerk enters a written order clarifying access rights, preserving your possession of the home, and, if applicable, directing the administrator to file the inventory by a date certain.

Exceptions & Pitfalls

• Estate insolvency or debt payment: In limited cases, the administrator may seek court authority to reach property or recover items if needed to pay valid claims; expect notice and a hearing.
• Mixed ownership of contents: Items clearly owned by the decedent may be subject to recovery; document contents, keep a photo/video record, and propose a supervised inspection at a set time and scope.
• Do not rely on self-help: Do not remove or dispose of obvious estate items; insist on written agreements or a court order to avoid accusations of interference.
• Respond to court papers: If you receive an Estate Proceeding Summons or petition, calendar your 20-day response window and answer on time.
• Life insurance: If you are a named beneficiary, the policy usually pays you directly; the administrator typically has no control. Contact likely insurers and submit a claim with the death certificate.

Talk to a Probate Attorney

If you’re dealing with an administrator demanding entry to a home you now own by survivorship, our firm has experienced attorneys who can help you understand your options and timelines. 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.