Dec282025
Probate Q&A Series

How do we stop a sibling from taking over the house, changing locks, or claiming to be the sole owner while probate is pending? – North Carolina

Short Answer

In North Carolina, the fastest way to stop a sibling from taking control of a deceased person’s home and other assets during probate is usually to (1) get a personal representative (executor/administrator) appointed by the Clerk of Superior Court and (2) ask the Clerk for an estate order that puts the personal representative in lawful control of the real estate and, if needed, orders an occupant removed. A power of attorney held before death generally does not give anyone authority after death, so “I had POA” does not make someone the owner or the decision-maker once probate begins. If immediate harm is happening (lock changes, account withdrawals, property removal), the estate can also pursue emergency court relief to preserve the property and require information and return of assets.

Understanding the Problem

In North Carolina probate, a common dispute arises when a sibling starts acting like the only person in charge after a death, such as taking over the house, changing locks, collecting rents, excluding other family members, or telling others that the sibling is the sole owner. The decision point is whether probate has established a legally recognized person with authority to manage the decedent’s property during the administration and, if not, how to quickly put enforceable control in place through the Clerk of Superior Court.

Apply the Law

North Carolina probate is handled through the office of the Clerk of Superior Court, who has original jurisdiction over estate administration. During probate, authority to manage estate matters generally flows through the personal representative (executor under a will, or administrator if there is no will). With real estate, North Carolina also recognizes that title often vests in heirs or devisees, but the personal representative can be authorized to take possession, custody, and control of the property when it is needed for the best interest of administering the estate. Once the personal representative has lawful possession/custody/control (either immediately under the statute’s conditions or by order of the Clerk), the Clerk can enforce that authority through an estate proceeding, including (in appropriate cases) ordering an occupant removed.

Key Requirements

  • A legally authorized decision-maker is in place: A personal representative must be appointed (letters issued) so someone has clear authority to secure and manage estate issues while probate is pending.
  • Clear authority over the real estate: Depending on how the property is owned and what the will says (if any), the personal representative may be immediately entitled to possession or may need a Clerk’s order authorizing possession, custody, and control of the real property.
  • A proper estate proceeding to enforce control: If someone is occupying, excluding others, or interfering with administration, the personal representative (and sometimes another interested person) can file an estate proceeding seeking orders that preserve assets, require information, recover estate property, and in some situations eject an occupant.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe a deceased relative in North Carolina with no surviving spouse and no children, and a sibling who held power of attorney before death now asserting control over the home, acreage, and bank accounts. Under North Carolina probate practice, the key leverage point is appointment of a personal representative through the Clerk of Superior Court, because that role (not the former POA agent) is positioned to secure assets, demand information, and seek enforceable orders. If the sibling is changing locks or excluding others, the personal representative can pursue a Clerk-ordered possession/custody/control framework for the real estate and then seek enforcement orders aimed at stopping interference with administration and requiring cooperation and return of estate property.

Process & Timing

  1. Who files: A nominated executor (if there is a will), or an heir/qualified applicant to serve as administrator (if there is no will). Where: The Clerk of Superior Court in the county where the estate is opened (often where the decedent lived at death). What: Application/petition to open the estate and be appointed as personal representative, so the Clerk can issue letters. When: As soon as possible after death if someone is taking control of assets.
  2. Secure enforceable control of the house: If the personal representative is not automatically entitled to take possession of the real property, the personal representative can file an estate special proceeding with the Clerk requesting an order authorizing possession, custody, and control of the real property as being in the best interest of administration. The petition typically identifies the property and the heirs/devisees and explains why control is needed (for example, preventing waste, managing insurance, stopping lockouts, preparing a sale if needed to pay estate obligations). The Clerk generally requires notice/service on interested persons and will hold a hearing.
  3. Enforcement and recovery steps: If a sibling is occupying the property or interfering, the personal representative can request orders enforcing the right to possession/custody/control and, when allowed, an order ejecting an occupant through the estate proceeding. For personal property and account-related issues, the estate can pursue proceedings aimed at identifying, freezing, and recovering assets (including requiring information from a person believed to possess estate property and pursuing recovery in the proper court when needed).

Exceptions & Pitfalls

  • “POA means I’m in charge” is usually wrong after death: A power of attorney is generally a lifetime tool. After death, authority normally shifts to the personal representative. A former agent may claim limited protection for acts done in good faith without knowledge of death in narrow circumstances, but that does not create ownership and does not justify taking over the estate once death is known.
  • Real estate control is fact-specific: In North Carolina, heirs/devisees often receive title at death, but that does not give one sibling the right to exclude others. At the same time, the personal representative may need a specific Clerk’s order to take possession/custody/control unless the will or other conditions give an immediate right. Skipping this step can delay enforcement.
  • Do not self-help the lock situation: Competing lock changes can escalate quickly and can create allegations of trespass or destruction. A court order (estate proceeding order) is often the cleanest way to establish who has lawful control during probate.
  • Bank accounts may not be “estate” assets: Some accounts pass outside probate (for example, payable-on-death designations or joint accounts). That can change what a personal representative can demand from the bank versus what requires a separate civil claim. A fast asset review prevents wasted effort.
  • Notice/service problems slow everything down: Estate proceedings before the Clerk usually require proper service on interested persons. Incomplete addresses, missing heirs, or rushed filings can lead to continuances and delay the order needed to stop interference.

Conclusion

In North Carolina, stopping a sibling from taking over a decedent’s home during probate usually requires putting lawful authority in place through the Clerk of Superior Court and then using an estate proceeding to get enforceable control of the property. A former power of attorney generally does not authorize post-death control or ownership claims once probate begins. The practical next step is to have a qualified person apply to be appointed personal representative with the Clerk of Superior Court and then promptly seek an order for possession, custody, and control of the real property if interference is occurring.

Talk to a Probate Attorney

If a family member is trying to take over a house or assets while a North Carolina estate is pending, experienced probate attorneys can help identify who has legal authority, move quickly in front of the Clerk of Superior Court, and request orders that protect estate property. 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: 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.