Short Answer

In North Carolina, the court-appointed personal representative (or a temporary collector) can ask the Clerk of Superior Court for authority to take possession of estate real estate and remove unauthorized occupants. If the occupant is a tenant, you must file a summary ejectment case under landlord-tenant law. While the will’s validity is sorted out, you can seek a temporary appointment and court orders to secure the property and limit losses.

Understanding the Problem

You’re in North Carolina and need to remove an unknown person from a house you inherited through an unsettled estate. You want legal authority to take control, stop further damage, and keep the property from sliding toward foreclosure while the Clerk of Superior Court addresses the will’s issues.

Apply the Law

Under North Carolina probate law, real estate usually vests in the heirs or devisees at death. A personal representative (PR) does not automatically control real property unless the will clearly gives that power or the Clerk authorizes it. When estate needs require it (for example, to protect value or pay debts), the PR—or, if there’s a delay, a temporary collector—can petition the Clerk of Superior Court for authority to take possession, custody, and control of the property, including ejecting occupants. If the occupant is a bona fide tenant, removal must proceed through summary ejectment in small claims court.

Key Requirements

• Standing and authority: Be appointed as personal representative or, if probate is delayed, as a collector, so you have court-backed authority to act for the estate.
• Order for possession (if needed): If you are not already entitled to possession under the will, file a special proceeding asking the Clerk to authorize possession, custody, and control of the real property.
• Correct removal path: Use the Clerk’s possession order to remove non-tenants; use summary ejectment for tenants under landlord-tenant law.
• Protection of assets: Seek authority to secure the house (locks, insurance, utilities management) to prevent waste and preserve value while administration proceeds.
• Notice and service: Serve required parties (heirs/devisees in the possession proceeding) and follow service rules; timing and hearings apply.

What the Statutes Say

• N.C. Gen. Stat. § 28A-13-3 (PR powers; possession and ejecting occupants) – PR may seek possession of real property and eject occupants; process differs for tenants.
• N.C. Gen. Stat. § 28A-11-1 (Collector appointment) – Clerk may appoint a temporary collector when PR appointment is delayed or needed to protect assets.
• N.C. Gen. Stat. § 42-26 (Summary ejectment) – Governs removal of tenants via small claims court and writ of possession.
• N.C. Gen. Stat. § 28A-13-2 (PR duty to preserve assets) – PR must preserve estate assets and administer efficiently.

Analysis

Apply the Rule to the Facts: Because the will is in dispute, a full PR appointment may be delayed. You can ask the Clerk to appoint you as a collector so you have immediate authority to protect assets. Then petition the Clerk for possession of the house so you can lawfully eject the unknown, non-tenant occupant and secure the property. If it turns out the occupant is a tenant, you must file a summary ejectment case in small claims court.

Process & Timing

1. Who files: The heir or proposed fiduciary. Where: Clerk of Superior Court in the county of estate administration. What: Petition to be appointed personal representative (or collector if probate is delayed); if appointed PR/collector, file a petition for possession, custody, and control of the real property with an Estate Proceeding Summons (AOC‑E‑102). When: File promptly to stop damage; respondents typically have 20 days to answer in estate proceedings.
2. If occupant is a tenant: File a summary ejectment action in small claims court (Magistrate) under Chapter 42. After judgment, a writ of possession issues if no timely appeal; the sheriff executes the writ. County timelines vary.
3. Securing the property: In the possession petition, ask the Clerk to authorize you to change locks, manage or suspend utilities, and take steps to prevent waste. If immediate harm is occurring, consider requesting temporary injunctive relief through the appropriate court.

Exceptions & Pitfalls

• Bona fide tenants: Do not try “self‑help” lockouts; use summary ejectment. The Clerk’s order cannot evict a bona fide tenant under estate procedures.
• Lack of authority: Without letters or a Clerk’s order for possession, you risk unlawful eviction or personal liability. Seek appointment (PR or collector) first.
• Service defects: Heirs/devisees must be served in the possession proceeding; missing a necessary party can undermine the order.
• Foreclosure pressure: If mortgage payments are delinquent, ask the Clerk for authority to lease or otherwise manage the property to protect value while the will dispute proceeds.
• Utilities exposure: Avoid placing utilities in your personal name; request authority to manage or suspend service in the estate’s interest.

Talk to a Probate Attorney

If you’re dealing with an unauthorized occupant in an inherited North Carolina home and need to secure the 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.