Detailed Answer
When someone dies owning real estate in North Carolina, their personal representative must identify, inventory, and appraise the property as part of probate. Under N.C. Gen. Stat. § 28A-15-2, the personal representative must file an inventory and appraisal with the clerk of superior court within 90 days of appointment. If the estate is in formal probate, the clerk will appoint three disinterested persons to serve as estate appraisers under N.C. Gen. Stat. § 28A-19-14. These appraisers must take an oath, inspect the property, and report its fair market value.
To arrange inspection access:
- Identify the personal representative. Check the Letters Testamentary or Letters of Administration issued by the clerk.
- Submit a written request. Ask the personal representative or estate attorney for available dates and times to inspect or appraise the property.
- Coordinate logistics. Ask who holds the keys, whether utilities (water, electricity) remain on, and if there are safety or security protocols.
- Respect deadlines. The personal representative must file the inventory and appraisal within the statutory 90-day period. Avoid last-minute requests that could delay the probate timeline.
If you are an heir, devisee, or creditor and the personal representative unreasonably denies access, you may petition the clerk of superior court. While North Carolina law does not specify a formal motion for inspection, you can ask the clerk to enforce the inventory requirement under N.C. Gen. Stat. § 28A-15-2 or compel appraiser access under N.C. Gen. Stat. § 28A-19-14. The clerk can issue an order directing the personal representative to allow access and set a new inspection date.
Alternatively, you may hire a private, licensed real estate appraiser at your own expense and ask the personal representative to facilitate access. While the estate is not required to pay for your independent appraisal, the personal representative should not unreasonably refuse cooperation.
Key Steps to Arrange Property Appraisal and Inspection
- Locate the Personal Representative: Review the court paperwork for the appointed fiduciary.
- Make a Formal Request: Send a dated, written request by email or certified mail detailing your desired inspection date, time, and purpose.
- Prepare for Access: Verify who holds keys, confirm utilities, and request any gate codes or alarm instructions.
- Understand Statutory Deadlines: The estate inventory and appraisal must be filed within 90 days of appointment (N.C. Gen. Stat. § 28A-15-2).
- Consider Independent Appraisal: You may hire your own appraiser at your expense; coordinate with the personal representative for access.
- Seek Court Intervention: If access is denied, petition the clerk to enforce inspection under N.C. Gen. Stat. § 28A-19-14.
