Short Answer

In North Carolina, if a will doesn’t specifically devise a piece of real estate, title still passes at death to the heirs or to the residuary beneficiaries once the will is probated. But transfers within the first two years after death have extra rules to protect creditors. To transfer or sell during that period, open the estate, publish a creditor notice, and either (a) have the heirs/residuary beneficiaries deed the property with the personal representative joining, or (b) have the personal representative seek a court-ordered sale to pay debts. If minors have an interest or taxes are owed, expect court involvement before any deed can pass clear title.

Understanding the Problem

North Carolina question: as the executor, can I transfer a house that was titled only in the decedent’s name when the will doesn’t mention it, so I can keep the family home? One key fact: overdue property taxes are accruing on the vacant home. This is a probate issue focused on who holds title now and what steps let you lawfully convey or keep the property.

Apply the Law

Under North Carolina law, real estate that is not held with survivorship passes outside the personal representative’s hands at death and vests in the heirs (if the will has no residuary clause) or in the residuary devisees (if the will includes one). A personal representative may still take possession or seek authority to sell if doing so is in the estate’s best interest—commonly to pay debts, taxes, and expenses. Transfers by heirs or devisees in the first two years after death have creditor protections: before the estate’s final account is approved, the personal representative must typically join the deed for it to be effective as to creditors, and any transfer before the first creditor notice is published is void as to creditors. Judicial sales to pay debts follow the court-supervised sale process and require joining all interested parties; minors require representation in the proceeding.

Key Requirements

• Identify who takes title: If the will has a residuary clause, residuary beneficiaries take; if not, the property passes by intestacy to the heirs at death.
• Open the estate and publish notice: Qualify as personal representative and publish a general notice to creditors; this starts the creditor claim period and determines how transfers within two years are treated.
• Decide if a court sale is needed: If funds are needed to pay debts or taxes, the personal representative petitions the Clerk of Superior Court to sell the real estate to create assets.
• Transfers within two years: If heirs or devisees want to deed the property before the estate’s final account, the personal representative generally must join the deed after creditor notice is published for it to be effective as to creditors.
• Minors’ interests: If a minor owns a share, the court will appoint a guardian ad litem in any sale proceeding; a judge’s approval can be required before a sale is confirmed.
• Liens and taxes: Property tax liens and other specific liens must be satisfied from sale proceeds or otherwise cleared before passing good title.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2(b) (Vesting of real property at death) – Title to non-survivorship real estate vests in heirs or devisees.
• North Carolina Gen. Stat. § 31-39 (Probate required for title to pass under a will) – A will must be probated for devised real property to pass.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs or devisees) – Within two years, certain transfers are void as to creditors unless creditor notice is published and the personal representative joins.
• North Carolina Gen. Stat. § 28A-17-1 (Sale, lease, or mortgage to pay debts and claims) – The personal representative may seek a court order to sell real property to create assets to pay estate obligations.

Analysis

Apply the Rule to the Facts: Because the will doesn’t mention the house, title likely vested at death in the residuary beneficiaries (if the will has a residuary clause) or, if not, in the heirs by intestacy—which may include the adult child and minor grandchildren. With taxes accruing, opening the estate and publishing a creditor notice is the first step. To keep the home during the two-year window, you can either (a) proceed with a court-authorized sale to pay taxes and bid in, or (b) have all owners convey to you after notice to creditors, with the personal representative joining—and any minor interests handled through the court.

Process & Timing

1. Who files: Named executor or an eligible applicant. Where: Clerk of Superior Court in the county of the decedent’s domicile (estate opening) and, for any sale, in the county where the land sits. What: Apply to probate the will and qualify using official AOC forms (e.g., AOC‑E‑201). Publish a general notice to creditors promptly. When: Start administration as soon as possible to stop delays and address taxes.
2. If cash is needed to pay taxes or other claims, file a special proceeding to sell real property to create assets. Include all heirs/devisees; a guardian ad litem will be appointed for minors. Expect court sale procedures and a 10‑day upset bid period; some counties vary on scheduling.
3. If the goal is to keep the home without a judicial sale, after creditor notice is published and before final accounting, have the heirs/devisees deed their interests with the personal representative joining. For any minor’s share, obtain court approval through the appropriate proceeding. Record the deed and resolve all liens and taxes.

Exceptions & Pitfalls

• Assuming the executor can deed real estate alone. In North Carolina, title vests in heirs/devisees at death; the personal representative needs court authority or must join with the owners to convey.
• Ignoring the two‑year rule. A deed by heirs/devisees before publishing creditor notice is void as to creditors; after notice and before closing the estate, the personal representative must join.
• Minor owners. Minors cannot sign deeds; the court will appoint a guardian ad litem in sale proceedings, and judicial approval may be required before confirming a sale involving minors.
• Tax liens. Unpaid property taxes attach to the land and must be paid or otherwise cleared to pass marketable title.
• Upkeep and control. The personal representative should seek court authorization to take possession and address necessary expenses if doing so protects the estate.

Talk to a Probate Attorney

If you’re dealing with an omitted house in a North Carolina estate and need to transfer or keep it while taxes accrue, 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.