Probate Q&A Series

How do I open probate and sell estate property in North Carolina under a will?

1. Detailed Answer

When someone passes away with a valid will in North Carolina, the estate must go through probate before you can sell any real property. Probate starts by filing a petition in the Clerk of Superior Court in the county where the decedent lived. You must present the original will and an application to be appointed personal representative (sometimes called executor). Under G.S. 28A-10-1, the clerk issues Letters Testamentary once the petition meets all requirements.

As personal representative, you take an oath and post any bond required by the will or by law. You then notify heirs and creditors, collect and manage assets, and prepare an inventory and appraisal under G.S. 28A-13-1. These steps protect the estate and ensure full disclosure.

To sell real property, first check whether the will grants you a power of sale. If it does, you need a court order confirming the power. Under G.S. 28A-25-1, you prepare a petition describing the land and its value, set a sale date, and give notice to interested parties. If the will does not include a power of sale, you must petition the clerk to authorize a sale in the best interest of the estate. In both cases, the clerk sets a public bidding process.

After the successful bid, you obtain a court order allowing you to execute the deed. You then use the sale proceeds to pay expenses, claims, taxes, and distribute the balance to beneficiaries according to the will. You must file a final accounting and obtain a discharge from the court to close the estate.

2. Key Steps and Tips

  • Locate the original will: File it with the Clerk of Superior Court.
  • File a petition: Use the proper forms for Letters Testamentary under G.S. 28A-10.
  • Appoint a personal representative: Take the oath and post bond if needed.
  • Notify heirs and creditors: Follow timing rules in G.S. 28A-18.
  • Inventory assets: Prepare and file a list with the clerk.
  • Petition for sale: Rely on the will’s power of sale or seek court authorization under G.S. 28A-25-1.
  • Provide notice: Advertise the sale and notify interested parties.
  • Conduct the sale: Sell at public auction or private sale with court approval.
  • Distribute proceeds: Pay debts, expenses, and beneficiaries in the order required by law.
  • Close the estate: File a final accounting and obtain discharge.

Handling probate and real estate sales involves strict deadlines, court rules, and careful record keeping. Working with an experienced probate attorney ensures you meet all requirements and protect the estate.

Ready to move forward? Pierce Law Group has experienced attorneys who guide you through every step. Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055. Let us help you navigate probate and property sale with confidence.