Detailed Answer
When a person who owned real estate in another state dies leaving property in North Carolina, you must open an ancillary probate proceeding here. Ancillary probate is a secondary administration in North Carolina to transfer title to out-of-state real estate after the primary probate in the decedent’s home state. You start by obtaining a certified copy of the will (if any) and letters testamentary or letters of administration from the original jurisdiction.
Next, you file a petition in the clerk of superior court in the county where the North Carolina property lies. In your petition, you attach the certified copy of the out-of-state letters and an affidavit identifying all heirs or devisees. The court reviews your documents under N.C. Gen. Stat. § 28A-26-2 (ncleg.gov/Laws/GeneralStatuteSections/Chapter28A/GS_28A-26-2) and, if everything is in order, issues ancillary letters of administration or ancillary letters testamentary.
Once appointed, the ancillary personal representative must publish notice to creditors in the county newspaper and file an inventory and appraisal of the out-of-state property under N.C. Gen. Stat. § 28A-26-5 (ncleg.gov/Laws/GeneralStatuteSections/Chapter28A/GS_28A-26-5). You settle any North Carolina liens, expenses and state estate taxes. After that, you apply to the clerk for a distributive order or file a deed transferring title to the beneficiaries.
Finally, when all assets pass and obligations clear, you file a final accounting and petition for discharge of the ancillary representative under N.C. Gen. Stat. § 28A-26-31 (ncleg.gov/Laws/GeneralStatuteSections/Chapter28A/GS_28A-26-31). The court issues an order discharging your duties in North Carolina.
Key Steps to Manage Ancillary Probate
- Obtain certified copies of the will and letters from the home-state probate court.
- File a petition for ancillary probate in the North Carolina clerk of superior court.
- Attach required documents and affidavit identifying heirs or devisees.
- Publish notice to creditors and file an inventory of the out-of-state property.
- Pay North Carolina estate taxes, liens and administrative expenses.
- Execute a distributive order or deed to transfer title to beneficiaries.
- File a final accounting and petition for discharge of the ancillary representative.
If you own or administer property in multiple states, managing ancillary probate can become complex. Pierce Law Group has experienced attorneys ready to guide you through North Carolina’s requirements. To discuss your situation, email intake@piercelaw.com or call us at (919) 341-7055 today.
