Jan172026
Probate Q&A Series

How do I transfer a deceased person’s house into my name when there is no will and the heirs can’t be found? – North Carolina

Short Answer

In North Carolina, a house owned by someone who died without a will generally cannot be transferred into an administrator’s name just because the heirs are hard to locate. Title usually passes to the legal heirs under intestate succession, subject to estate administration and creditor claims. When heirs truly cannot be identified or located after a diligent search, the estate may need a court process that uses service by publication and a court-appointed guardian ad litem for “unknown heirs,” and in rare cases the property can ultimately escheat to the State rather than to an individual.

Understanding the Problem

In North Carolina probate, the question is whether an estate administrator can get a deed that puts an intestate decedent’s house into the administrator’s own name when there is no will and the next-of-kin cannot be found. The key decision point is whether the law can identify living heirs who take the property under intestate succession, or whether the estate must proceed as an “unknown heirs/no heirs” situation that requires court-supervised notice steps before any transfer or sale can happen.

Apply the Law

North Carolina intestate succession controls when there is no will. Real estate typically passes to heirs at law (not to the administrator), but it remains subject to the estate’s costs and valid creditor claims. If heirs cannot be found, the court can allow notice by publication and appoint a guardian ad litem to represent unknown or unlocatable heirs so the estate can move forward. If there are no heirs entitled to take, the “net estate” can escheat (transfer) to the State under North Carolina’s escheat statutes.

Key Requirements

  • Proper estate authority: A personal representative must be appointed by the Clerk of Superior Court (letters of administration) to handle estate administration tasks, including addressing creditor issues and (when allowed) selling real property through a court process.
  • Diligent heir search and legally valid notice: When heirs are unknown or cannot be located, the estate typically must document a diligent search and use court-approved notice methods (often service by publication), with a guardian ad litem appointed to protect the interests of unknown heirs.
  • Correct path for the house: If heirs exist, the house generally cannot be deeded into the administrator’s personal name; instead, the estate may need to (a) transfer to identified heirs, or (b) sell the property through a court-supervised sale process and distribute proceeds, or (c) if no heirs exist, proceed toward escheat to the State.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the decedent died without a will, had no spouse or children, and possible heirs include out-of-state and international relatives who are difficult to locate. Under North Carolina law, that does not automatically allow a transfer of the house into the administrator’s personal name; the first task is to determine who the heirs are under intestate succession and to complete the notice steps required to bind unknown or unlocatable heirs. If, after a documented diligent search and the court’s process for unknown heirs, there are still no heirs entitled to take, the estate may move toward escheat rather than a private transfer.

Process & Timing

  1. Who files: The appointed administrator/personal representative. Where: The Clerk of Superior Court (Estates) in the North Carolina county where the estate is administered. What: Estate filings to administer the estate and, if heirs are unknown/unlocatable, filings that support service by publication and appointment of a guardian ad litem for unknown heirs. When: Start promptly after appointment, especially if the property is deteriorating, subject to code enforcement, or accruing taxes/insurance issues.
  2. Heir search and “unknown heirs” procedure: The estate typically documents a diligent search for next of kin and then uses court-approved service by publication for unknown heirs. The clerk commonly appoints a guardian ad litem to represent unknown heirs, and that guardian ad litem is expected to attempt to identify and locate heirs and file a response on their behalf before the clerk enters orders that affect heirship and distribution.
  3. How the house can move forward: If heirs are identified, the next step is usually either (a) a transfer consistent with heirship (often paired with steps to protect against creditor issues), or (b) a court-supervised sale process if the estate needs liquidity to address claims, carrying costs, or property condition issues. If no heirs exist, the administrator may need to notify the State Treasurer and coordinate the estate’s closing steps consistent with escheat rules for unclaimed assets.

Exceptions & Pitfalls

  • “Administrator-to-self” transfers are not the default: In an intestate estate, the administrator’s job is to administer; ownership generally follows the intestacy rules, not the administrator’s preference. A purchase by the administrator can raise conflict-of-interest concerns and usually requires careful court oversight and documentation.
  • Skipping the unknown-heirs steps can cloud title: If unknown heirs are not properly served (often by publication) and represented (often by a guardian ad litem), a later-discovered heir may challenge what happened, which can create title problems for any later buyer or lender.
  • Property condition and carrying costs: A deteriorated or possibly condemned house can create urgent practical issues (insurance, safety, code enforcement, taxes). Even when the estate ultimately sells, the personal representative generally must manage the property in the condition it was left and use the correct court process to sell it.
  • Escheat is not a shortcut to private ownership: If there truly are no heirs, the law generally points toward escheat to the State (with later claim procedures for any rightful heir), not a direct transfer into an administrator’s personal name.

Related reading: someone who might be an heir can’t be found and whether an estate must be opened before a transfer.

Conclusion

In North Carolina, a house owned by someone who died without a will generally cannot be transferred into an administrator’s personal name simply because heirs are hard to locate. The estate must identify heirs under intestate succession or use the court’s “unknown heirs” process (diligent search, service by publication, and a guardian ad litem) so any order or sale will bind missing relatives. If no heirs exist, the net estate can escheat to the State. The next step is to file the appropriate petition with the Clerk of Superior Court to address unknown heirs and move the property forward through a court-approved process.

Talk to a Probate Attorney

If an intestate estate includes a deteriorated house and the heirs cannot be located (including out-of-state or international relatives), a probate attorney can help map the correct court process, notice steps, and timelines so the title can be cleared and the property can be handled properly. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.