1. Detailed Answer

When an individual dies without a will in North Carolina, they die “intestate.” The North Carolina General Statutes outline a clear process for probate administration and, if needed, selling real property. Follow these steps to ensure you comply with state law and protect your loved one’s estate.

a. Petition the Clerk of Superior Court

The first step is filing a petition for administration in the clerk’s office of the county where the decedent lived. You or another interested party will ask the clerk to appoint an administrator to handle the estate. Under N.C.G.S. § 28A-6-1, the clerk issues Letters of Administration once you qualify and post any required bond.

b. Notify Creditors

Once appointed, the administrator must publish a notice to creditors in a local newspaper and mail individual notices to known creditors. Creditors then have three months to file claims. See N.C.G.S. § 28A-13-1 et seq. for deadlines and procedures.

c. Inventory and Appraise Assets

The administrator compiles a full inventory and appraisal of estate assets, including real property, within 90 days of appointment. This step ensures the court and beneficiaries know the estate’s value.

d. Pay Debts, Taxes, and Expenses

After claims filing ends, the administrator pays valid debts, funeral expenses, taxes, and administrative costs. Only then can you distribute any remainder to heirs under the intestacy rules in N.C.G.S. § 29A-10-1 (intestate succession).

e. Petition to Sell Real Estate

If the estate includes real property that heirs cannot or do not wish to keep, the administrator petitions the clerk for an order authorizing sale. Under N.C.G.S. § 28A-15-1(d), the clerk may grant that order after reviewing the estate’s needs. The sale must follow public bidding or private treaty terms set by the clerk.

f. Conduct the Sale and Confirm

Once you secure the court order, you list the property, collect bids or offers, and close the sale. After the sale, you return to the clerk for a confirmation hearing. The clerk confirms the sale if it meets legal requirements.

g. Distribute Proceeds

After confirming the sale, the administrator uses sale proceeds to settle any remaining debts or expenses. Any residual funds pass to heirs under the intestate succession statutes.

2. Key Points to Remember

• File a petition for administration in the proper county under N.C.G.S. § 28A-6-1.
• Publish notice to creditors and mail individual notices—creditors have 3 months to file claims (N.C.G.S. § 28A-13-1).
• Complete inventory and appraisal within 90 days of appointment.
• Pay valid debts and expenses before distributing assets.
• Obtain court approval to sell real estate under N.C.G.S. § 28A-15-1(d).
• Conduct a public sale or follow court-approved terms, then confirm the sale with the clerk.
• Distribute sale proceeds per intestacy rules in N.C.G.S. § 29A-10-1.

Contact Pierce Law Group for Help

Navigating probate administration and real estate sale when there is no will can feel overwhelming. Pierce Law Group’s attorneys have guided numerous families through this process. We handle filings, creditor notices, court petitions, and property sales. Let us ease your burden and protect your loved one’s legacy.

Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055.