How to Open an Intestate Estate in North Carolina When Assets Have Been Transferred or Sold
Detailed Answer
When someone dies without a valid will in North Carolina, that person’s property passes by intestate succession. You must open an intestate estate in the county clerk’s office where the decedent lived at the time of death. Even if assets have been transferred or sold before or after death, you still follow the same basic steps to open the estate and then work to recover or trace those missing assets as part of the administration process.
1. File a Petition for Appointment of Administrator
You start by filing a Verified Petition for Probate of Intestate Estate and Appointment of Administrator with the clerk of superior court. Under North Carolina General Statute § 28A-6-2, you must include:
- The decedent’s certified death certificate.
- A statement that no valid will exists.
- The names, addresses, and relationships of all known heirs.
- An asset list, including any assets that have been transferred or sold.
2. Serve Notice to Heirs and Interested Parties
After filing, the clerk sets a date and directs you to serve notice on all heirs and other interested persons. Those individuals can object to your appointment or to the bond you propose to post.
3. Appointment and Bond
The clerk will appoint an administrator if heirs agree or if no one objects. The administrator must post a bond unless all heirs waive bond. See N.C.G.S. § 28A-6-3.
4. Inventory and Discovery of Transferred or Sold Assets
Within 90 days of appointment, N.C.G.S. § 28A-14-1 requires the administrator to file an inventory of estate assets. If any property has been transferred or sold, the administrator must trace where it went. The administrator can use the powers granted by statute to subpoena records or demand accountings from those who handled the assets.
5. Recovering or Tracing Missing Assets
If assets left the decedent’s estate improperly—such as a deed recorded after death or a bank account transferred without authority—the administrator can bring an action in superior court to recover those assets. The administrator may rely on causes of action like conversion or constructive trust and can surcharge a prior fiduciary who misapplied estate property. You will gather evidence, file the suit, and seek a judgment forcing the return of the property or its value to the estate.
6. Distribution of Estate
Once you gather and liquidate all assets, you pay valid debts and expenses. Then you distribute the remaining estate according to intestate succession rules in Chapter 29A of the North Carolina General Statutes. The administrator delivers property or proceeds to heirs in the shares the law prescribes.
Key Takeaways
- File a verified petition for appointment of an administrator under N.C.G.S. § 28A-6-2.
- Give proper notice to all heirs and interested parties.
- Post bond or secure a waiver from heirs (N.C.G.S. § 28A-6-3).
- Inventory all assets within 90 days, including tracing sold or transferred property (N.C.G.S. § 28A-14-1).
- Use court actions to recover improperly transferred or sold assets.
- Distribute the estate according to intestate succession rules in Chapter 29A.
Contact Pierce Law Group
Dealing with missing, transferred, or sold assets can complicate the probate process. Pierce Law Group’s attorneys have handled complex intestate estates and can guide you at every step. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation today.
