Detailed Answer
If someone who owned real estate outside North Carolina dies, you need to take two parallel tracks: verify your property interest and access probate files. The first track focuses on North Carolina probate. The second track covers title work and any ancillary probate in the other state.
1. Determine the Primary Probate Court
North Carolina law requires you to open probate where the decedent lived at death. Under N.C.G.S. § 28A-2-1, the clerk of superior court in that county oversees the estate. Contact that clerk’s office and ask for certified copies of these filings:
- Decedent’s will, if one exists
- Order appointing the personal representative (Letters Testamentary or Letters of Administration)
- Inventory listing all known assets
2. Obtain Certified Court Documents
Anyone with an interest in an estate may request certified copies of probate records by contacting the clerk of superior court. See N.C.G.S. § 7A-308. The certified Letters give you the legal authority to act on behalf of the estate, including handling out-of-state real property.
3. File for Ancillary Administration
If the decedent owned land in another state, North Carolina law lets the personal representative open an ancillary estate here to confirm authority. Under N.C.G.S. § 28A-14-1, the court issues ancillary Letters. You then use those Letters in the other state to deal with title transfers.
4. Record Ancillary Letters in the Other State
Once you have ancillary Letters, record them with the register of deeds or county recorder where the property sits. Recording the court order and Letters gives you official standing to update the deed, sell the property, or pay liens.
5. Perform a Title Search
Search the public land records in the county where the property is located. You want to confirm the chain of title, note any mortgages, liens, or easements, and verify that the decedent held clear title. Many counties offer online portals to view recorded deeds and liens.
6. Access Probate Records in the Other State
Some states require you to open a full ancillary probate or simply admit your North Carolina Letters for record. Check that state’s probate rules or work with local counsel to file any necessary petitions. Present certified Letters and a copy of the will or order appointing you.
7. Use Remote and Electronic Services
To streamline the process, use certified mail or online request forms. Many clerk and recorder offices accept remote orders for copies. Ask about photocopy, certification, and recording fees upfront.
Key Steps to Verify Property Interest and Access Probate Files
- Confirm the decedent’s domicile and open probate in North Carolina under N.C.G.S. § 28A-2-1.
- Obtain certified copies of the will, Letters Testamentary, and inventory from the clerk of superior court (N.C.G.S. § 7A-308).
- File ancillary administration for out-of-state real estate under N.C.G.S. § 28A-14-1.
- Record ancillary Letters with the register of deeds in the county where the property sits.
- Perform a chain of title search in the out-of-state land records.
- Access or open probate in the other state by presenting certified Letters and required petitions.
- Leverage online portals and remote services to order filings and record documents.
If you need help verifying your interest or navigating out-of-state probate, Pierce Law Group has experienced attorneys ready to guide you. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
