Short Answer

In North Carolina, a judgment lien exists on real estate only if a money judgment is docketed with the Clerk of Superior Court in the county where the property sits. The lien lasts 10 years from docketing. To verify, run a civil judgment docket search in the property’s county under the decedent’s name (and any heirs/devisees now in title), check for any transcribed judgments from other counties, and have the closing attorney order a full title search. If it’s not docketed in the property’s county and still in force, it’s not a lien on that property.

Understanding the Problem

You want to know, in North Carolina probate, how to confirm whether a judgment lien actually encumbers an estate home before you close. The decision is whether you can rely on what a third party says or whether you should verify directly with the Clerk of Superior Court and a title search. One salient fact here: a listing agent said there was a lien, but a courthouse check showed none.

Apply the Law

Under North Carolina law, a judgment lien attaches to a debtor’s real estate only when a money judgment is docketed in the county where the real property is located. The lien continues for 10 years from the date of docketing. If the judgment was entered in a different county, it does not encumber the property until a transcript is docketed in the property’s county. In estates, real property vests in heirs or devisees at death (subject to administration), so searches often include the decedent and anyone now holding title.

Key Requirements

• County docketing: The judgment must be docketed with the Clerk of Superior Court in the same county as the real estate; otherwise no lien attaches there.
• Money judgment in force: It must be a money judgment that is still valid; judgment liens generally expire 10 years after docketing.
• Correct parties: Search the civil judgment docket under the decedent’s full name and common variations, and under heirs/devisees if title has vested in them.
• Transcripts from other counties: If the judgment originated elsewhere, verify whether a certified transcript was docketed in the property’s county.
• Estate context: Real property vests in heirs/devisees at death, but remains subject to estate administration; a personal representative’s sale addresses valid liens in order of priority from sale proceeds.

What the Statutes Say

• North Carolina Gen. Stat. § 1-233 (Docketing judgments) – Money judgments must be docketed to affect real property.
• North Carolina Gen. Stat. § 1-234 (Lien of docketed judgment) – Docketed judgments become liens on land in that county for 10 years.
• North Carolina Gen. Stat. § 1-239 (Transcripts to other counties) – A judgment can be made a lien in another county by docketing a transcript there.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of real property) – Title vests in heirs or devisees at death, subject to administration.

Analysis

Apply the Rule to the Facts: Because the listing agent reported a lien but the courthouse showed none, the most likely scenario is that no money judgment was docketed in the county where the house sits, or an old judgment had expired. Under North Carolina law, without a judgment docketed in the property’s county and still within its 10-year life, there is no judgment lien on that parcel. The inaccurate net proceeds likely flowed from treating an unverified claim as a lien.

Process & Timing

1. Who files: No court filing is required to verify; the personal representative’s or seller’s closing attorney checks. Where: Civil judgment docket at the Clerk of Superior Court in the county where the real estate is located; also a full title search via the Register of Deeds and judgment docket. What: Run a civil judgment docket search under the decedent and any current title holders; request copies of any docket pages and any transcripts. When: As soon as you accept an offer and before signing closing documents; allow a few business days (county practice and eCourts availability vary).
2. If someone claims a lien, ask for proof: the file-stamped judgment and the county docket page (or a certified transcript docketed in the property’s county). Your attorney confirms whether the docketed judgment is within 10 years and matches the correct debtor name.
3. If a dispute remains (e.g., misindexing or priority questions), the personal representative can initiate an estate proceeding before the Clerk of Superior Court to determine validity or priority, serving interested parties using the Estate Proceeding Summons (AOC-E-102). The court can resolve whether the alleged lien encumbers the property or proceeds.

Exceptions & Pitfalls

• Wrong county: A judgment from another county does not attach unless a transcript is docketed in the property’s county.
• Name issues: Misspellings, maiden names, and suffixes can hide hits; search common variations for the decedent and any heirs/devisees now in title.
• Expired or satisfied judgments: Some judgments are paid or older than 10 years; obtain payoff letters or satisfactions, and confirm docket dates.
• Claims vs. liens: Not every debt or claim against an estate is a docketed judgment lien. For example, certain estate orders are not docketed as money judgments and do not create real estate liens.
• Sale mechanics: In a personal representative sale, valid liens are paid in order of priority from sale proceeds; if an alleged lien can’t be verified, seek a ruling before closing.

Talk to a Probate Attorney

If you’re dealing with a disputed or unclear judgment lien before closing on an estate property, 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.