Dec42025
Probate Q&A Series

How do I start probate when my spouse died without a will, and what documents should I gather first? – North Carolina

Short Answer

In North Carolina, when a spouse dies without a will (dies “intestate”), a family member usually starts probate by filing paperwork with the Clerk of Superior Court in the county where the spouse lived at death. The process can be a full estate, a small-estate collection, or a special “summary administration” if the surviving spouse is the only heir. To get started, gather basic identification and death records, information about assets and debts, and documents showing how property is titled or who is named as beneficiary.

Understanding the Problem

The core question is how a surviving spouse in North Carolina starts probate when the deceased spouse left no will, and which documents matter most at the beginning. The issue sits at the intersection of probate procedure (what has to be filed with the Clerk of Superior Court) and intestate succession (who inherits when there is no will). Often, the estate consists mostly of non-probate assets, like accounts with named beneficiaries and life insurance, alongside a house co-owned with relatives and a vehicle or personal items that may already have been sold or given away. The concern is usually whether a formal estate must still be opened, how co-owned real estate and out-of-state land fit in, and what paperwork the Clerk will expect at the first appointment.

Apply the Law

Under North Carolina law, probate begins with the Clerk of Superior Court in the county where the deceased spouse was domiciled at death. When there is no will, the estate is intestate, and the Clerk either issues letters to a personal representative (administrator) or, in limited spouse-only situations, may allow a shortcut called summary administration. The type of procedure depends on who the heirs are, what assets exist, and how property is titled.

Key Requirements

  • Identify the right procedure: Determine whether the estate needs full administration, a small-estate collection, or summary administration where a surviving spouse is the sole heir.
  • Confirm assets that require probate: Separate non-probate assets (like beneficiary-designated accounts) from assets titled only in the decedent’s name or payable to the estate.
  • Provide the Clerk with required information and documents: Supply death details, family/heir information, an initial list and value of assets and debts, and supporting papers (titles, deeds, account statements) so the Clerk can open the correct type of file.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the deceased spouse died intestate, and most financial accounts already name beneficiaries and life insurance paid funeral costs. Those items generally pass outside probate and do not require opening an estate just to move them. The co-owned house inherited with a sibling is likely held as tenants in common, so the deceased spouse’s share passes under intestate rules and may require an estate file before a sale can close. The vehicle already sold and donated personal items should still be listed in the initial information for the Clerk, even if they are now gone. Separate land owned in another jurisdiction belongs to the surviving spouse and does not come into the deceased spouse’s estate, but any inheritance rights of the children in the deceased spouse’s assets will follow North Carolina intestate law, and any real estate in another state owned by the deceased might require an additional proceeding there.

Process & Timing

  1. Who files: Typically the surviving spouse, or another heir, files as the petitioner. Where: The Estates Division of the Clerk of Superior Court in the North Carolina county where the deceased spouse lived at death. What: Often an Application and Petition for Letters of Administration or, if the surviving spouse is the only heir and qualifies, an Application and Petition for Summary Administration of Estate Without a Will (AOC-E-906). When: As soon as practical after death; many families file within a few weeks to a few months once they know what assets remain in the decedent’s name.
  2. After filing, the Clerk reviews the petition, supporting documents, and fee. If everything is in order for full administration, the Clerk issues Letters of Administration, which authorize the administrator to collect estate assets, deal with creditors, and sign documents for sales or transfers. In a qualifying spouse-only summary administration, the Clerk issues a summary administration order instead of letters.
  3. For a full estate, the administrator typically publishes notice to creditors, prepares an inventory of estate assets, and later files one or more accountings before the Clerk closes the estate. In summary administration, the Clerk’s order usually serves as the main document the surviving spouse uses to collect and transfer assets, and no ongoing reports are required in that procedure.

Exceptions & Pitfalls

  • Summary administration limits: Summary administration for a surviving spouse is only available when the spouse is the sole heir or devisee; if children or other heirs share in the estate, a different procedure is usually required.
  • Non-probate vs. probate confusion: Beneficiary-designated accounts, life insurance, and certain survivorship property do not go through the estate, but the Clerk still needs an accurate picture of what exists and what passes outside probate.
  • Real estate title issues: Co-owned property and land in other states can require extra steps; title may not pass as expected without the right estate paperwork or an ancillary proceeding elsewhere.
  • Creditor and tax exposure: In summary administration, the surviving spouse typically assumes liability up to the value of property received, and omitting notice to creditors can leave claims open longer. Anyone considering this route should understand the risk before choosing it.
  • Informal transfers before opening an estate: Selling vehicles or giving away personal property right after death is common, but those items and their values still belong in the estate information so the file is accurate and later disputes are less likely.

Conclusion

To start probate in North Carolina when a spouse dies without a will, a family member usually files a petition with the Clerk of Superior Court in the spouse’s county of residence, either for full administration or, in limited spouse-only cases, for summary administration. The first step is to gather the death certificate, basic family and heir information, a list of assets and debts, and documents showing titles, deeds, and beneficiaries. With that information, the petitioner can file the appropriate application with the Clerk and begin the proper form of estate administration.

Talk to a Probate Attorney

If a spouse has died without a will and there are questions about how to open the estate, handle a co-owned house, or sort out children’s shares, our firm has experienced attorneys who can help explain the options and timelines under North Carolina probate law. 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 any specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If there is a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Probate Q&A Series

Author: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.