How do we list real estate located in different counties on the estate inventory, and when would the administrator need a court order to bring it under estate control? – North Carolina

Short Answer

In North Carolina, an administrator lists each parcel of real estate on the estate inventory as a separate item and identifies the county where the land sits, with enough detail to match the public records (often including deed book/page and a brief identifier like an address or acreage). Real estate can be located in multiple counties and still be inventoried in the home estate file; the inventory is filed with the Clerk of Superior Court where the administrator qualifies.

An administrator typically needs a Clerk of Superior Court order to take “possession, custody, and control” of real estate because title usually passes to the heirs at death (subject to administration). A court order becomes important when the administrator must manage, secure, rent, or sell the property to protect it or to pay debts, claims, and administration expenses.

Understanding the Problem

In North Carolina probate, an administrator may ask: how should real estate be shown on the estate inventory when the decedent owned parcels in more than one county, and when can the administrator take control of that land rather than leaving it with the heirs? The decision point is whether the administrator must ask the Clerk of Superior Court for authority to bring the real estate under estate control for administration purposes, such as safeguarding the property or handling it to meet estate obligations.

Apply the Law

North Carolina estate administration treats real property differently from most personal property. Even though the administrator must report the decedent’s real estate on the inventory filed in the estate proceeding, title to real property generally vests in the heirs at death when there is no will (subject to the estate’s need to administer it). If the administrator decides the estate needs the administrator to manage the real estate, the administrator can seek authority from the Clerk of Superior Court to take possession, custody, and control of the property as part of the administration.

Key Requirements

List each parcel separately and identify the county: Each tract should appear as its own line item on the inventory, showing which county the parcel is located in.
Use a description that matches record title: The inventory description should reliably tie to the public records, commonly by including a deed book and page reference and a brief identifying note (such as a street address, lot description, or acreage). A tax parcel number can also help.
Get a court order when estate control is needed: If the administrator needs to collect rents, secure and manage the property, or sell it to pay debts or other estate obligations, the administrator typically seeks a Clerk’s order for possession, custody, and control before acting as the party in charge of the real estate.

What the Statutes Say

N.C. Gen. Stat. Chapter 28A (Administration of Decedents’ Estates) – Establishes the general framework for inventories and a personal representative’s authority in estate administration, including how real property is handled in relation to heirs and the estate.

Analysis

Apply the Rule to the Facts: Here, no will has been found, so the decedent’s real estate generally passes to the heirs at death, while the administrator still has a duty to identify and inventory the parcels. Because a minor sibling has a statutory year’s allowance claim on file, the administrator must pay close attention to estate cash needs and priorities; if the estate lacks liquid funds, the administrator may need to bring real estate under estate control and seek authority to deal with it to meet allowed claims and administration expenses.

Process & Timing

Who files: The administrator. Where: The estate file with the Clerk of Superior Court in the county of qualification. What: The estate inventory form used by the North Carolina Administrative Office of the Courts (commonly filed as “Inventory”). When: By the deadline set by the Clerk at qualification (often within a few months of qualifying), unless the Clerk extends time.
How to list out-of-county parcels: List each parcel as a separate line item under real property and specify the county for each. Include the deed reference (book/page) and a brief identifier (address/lot/acreage) so it can be located later for sale, distribution, or title work. Use the date-of-death fair market value or local tax assessed value as a starting point if an appraisal is not yet available, and supplement later if needed.
When control is needed: If protecting the property, collecting income, signing leases, dealing with repairs/insurance, or selling to pay debts is necessary, the administrator typically files a petition or application in the estate proceeding asking the Clerk to authorize possession, custody, and control of the specific parcel(s). The Clerk’s order then supports the administrator’s authority to act as the person in control for administration tasks.

Exceptions & Pitfalls

Confusing “inventory” with “control”: Listing real estate on the inventory reports that it exists, but it does not automatically put the administrator in possession of the land when title has vested in heirs. Authority to control the property may require a separate court order.
Descriptions too vague for later title work: Using only “house in another county” can create delays and extra expense later. Deed book/page and a clear identifier reduce later problems.
Rent handling can change based on control: Income tied to real estate can raise timing issues. Problems often arise when someone collects or spends rent without clarifying whether the administrator has taken possession through a court proceeding or other recognized authority.
Multi-county recordkeeping: Even though the inventory is filed in the county of qualification, real estate records (deeds, liens, and tax data) are maintained in each county where the land lies. Missing a county search can cause parcels to be omitted and require a supplemental filing.

Conclusion

In North Carolina, an administrator should list each parcel of real estate on the estate inventory as a separate item and identify the county where it is located, using a record-based description such as deed book/page plus a clear identifier (address, lot, or acreage). Because title to real estate usually vests in the heirs at death when no will is found, the administrator generally needs a Clerk of Superior Court order to take possession, custody, and control when the estate must manage or sell the property to meet estate obligations. The next step is to file the inventory with the Clerk by the qualification deadline.

Talk to a Probate Attorney

If an administrator is dealing with real estate in multiple counties and questions about when to seek a Clerk’s order to control or sell the property, our firm has experienced attorneys who can help explain the options and timelines. 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.