Short Answer

In North Carolina, when someone dies without a will, title to their real estate passes immediately to the heirs at death, but it remains subject to estate debts and the personal representative’s power to sell if needed to pay those debts. To “put it in your names,” first determine who the legal heirs are under North Carolina’s intestacy rules. If you plan to sell, refinance, or otherwise transfer the property within two years, open an intestate estate, have an administrator publish notice to creditors, and then use an heirs’ deed (with the administrator joining) or, if needed, an administrator’s deed after court approval.

Understanding the Problem

You want to know how, under North Carolina probate law, to get legal title to your deceased parent’s house into the children’s names after he died without a will. The focus is on whether you must open an estate, how intestacy determines who owns the house, and what steps let you document or transfer title at the Clerk of Superior Court and the Register of Deeds.

Apply the Law

Under North Carolina law, real property passes at death to the heirs when there is no will, but it remains subject to the personal representative’s power to take possession and sell if needed to pay claims. Intestacy decides who the heirs are and what shares they receive. The Clerk of Superior Court (in the county of the decedent’s domicile) oversees estate administration. Key timing: creditors have a set window after notice is published to present claims, and transfers by heirs within two years of death are restricted unless the personal representative participates after notice is given.

Key Requirements

• Identify the heirs: Determine the legal heirs and their shares under North Carolina’s intestacy rules (including any surviving spouse’s share of the real property).
• Heirs take at death, subject to claims: Title to real estate vests in the heirs at death, but is subject to estate debts and the personal representative’s power to possess/sell to pay claims.
• Open an estate if action is needed: If you need to sell, refinance, clear liens, resolve creditor issues, or transfer within two years, qualify an administrator with the Clerk of Superior Court.
• Publish notice to creditors: The administrator must publish notice; creditors have at least 90 days from first publication to present claims.
• Transfers within two years: A deed by heirs within two years is ineffective against creditors unless notice was published and the personal representative joins the deed; otherwise, use an administrator’s deed (with court authority if needed to create assets to pay claims).
• Document ownership: Update county tax records and, when transferring, record a properly executed heirs’ deed (spouses of heirs typically join) or an administrator’s deed.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2(b) (Real property vests at death) — Heirs or devisees take title at death, subject to administration.
• North Carolina Gen. Stat. § 29-14 (Surviving spouse’s intestate share) — Sets the spouse’s share of real property when there is no will.
• North Carolina Gen. Stat. § 28A-17-12 (Heirs’ conveyances within two years) — Limits sales/leases/mortgages by heirs within two years unless the personal representative joins after notice.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) — Requires the personal representative to publish notice to creditors.

Analysis

Apply the Rule to the Facts: With no will, your parent’s house passed to the legal heirs at death, but that title remains subject to debts and the administrator’s power to sell if needed. If there is a surviving spouse, the spouse owns a statutory share of the real property; otherwise, the children inherit according to degree of kinship. If you plan to transfer or finance the property within two years, qualify an administrator, publish creditor notice, and have the administrator join the heirs’ deed; if estate funds are needed to pay debts, the administrator may need a court order to sell.

Process & Timing

1. Who files: An heir. Where: Clerk of Superior Court in the North Carolina county where your parent lived. What: File the Application for Letters of Administration (AOC‑E‑202) to qualify an administrator and obtain Letters of Administration; the Clerk may require a bond. When: File as soon as you know a transfer, refinance, or sale may be needed, or if debts must be addressed.
2. After qualification, the administrator publishes notice to creditors and collects information about debts and assets. Creditors typically have at least 90 days after first publication to present claims; timing and publication details can vary by county practice.
3. To transfer title: if no sale is needed, heirs usually record an heirs’ deed when conveying; within two years, the administrator should also sign. If the property must be sold to create funds to pay claims, the administrator files a special proceeding with the Clerk for authority and then conveys by administrator’s deed. The Register of Deeds records the deed.

Exceptions & Pitfalls

• Surviving spouse: A spouse owns a statutory share of the real property and may have election rights; confirm spouse’s share before any deed.
• Joint ownership: If the home was owned with a right of survivorship (e.g., tenancy by the entirety), it may have passed to the surviving co‑owner outside the estate.
• Two‑year rule: Heirs’ transfers within two years are ineffective against creditors unless notice was published and the personal representative joins the deed.
• Minors or unknown heirs: A guardian or a court process may be required before a valid transfer can occur.
• Small‑estate affidavits: These procedures transfer personal property; they do not authorize selling real estate.
• Medicaid or creditor claims: Government or other claims can force an estate sale; resolve known claims before transferring.

Talk to a Probate Attorney

If you’re dealing with getting a parent’s North Carolina home into the heirs’ names after death without a will, 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.