1. Detailed Answer

When a person dies without a will in North Carolina, their property passes to their heirs under the State’s intestate succession laws. Under N.C. Gen. Stat. § 28A-2-2, an heir’s interest in real property vests immediately at the decedent’s death, even though the estate remains open in probate.

If an intestate heir dies before the original probate concludes, that heir’s vested interest does not lapse. Instead, that share becomes part of the heir’s own estate and passes under the heir’s own succession plan—or, if the heir died intestate, under North Carolina’s intestacy statutes. The personal representative (or administrator) of the heir’s estate must then include this inherited interest among the heir’s assets. See N.C. Gen. Stat. § 28A-3-1 (intestate shares) and § 28A-2-3 (when interests vest).

Distribution of the heir’s inherited interest generally follows the same rules as any real estate transfer. Under N.C. Gen. Stat. § 29-14, real property held by an estate can be transferred to successors once the personal representative completes administration and obtains a court order or a registered deed.

Practical steps include:

• Confirming the heir’s interest vested at the original decedent’s death (per § 28A-2-2).
• Opening a probate for the heir’s estate (if not already open) to administer the inherited interest.
• Identifying the heir’s successors—either by will or by heirs-at-law under § 28A-3.
• Obtaining an order to transfer the property interest out of the heir’s estate into the names of those successors.

If the heir’s interest is minor or of minimal value, a small estate affidavit under N.C. Gen. Stat. § 28A-26-1 may simplify transfer. If the heir’s property interest remains unsold, the personal representative may need to file a petition in the original estate’s probate file to clarify title and obtain instructions from the clerk of superior court.

In rare situations where no eligible successors exist, the heir’s inherited interest may escheat to the State under N.C. Gen. Stat. § 28A-25-1. An experienced probate attorney can guide you through these complexities and safeguard property interests in both estates.

2. Key Takeaways

• Under N.C. Gen. Stat. § 28A-2-2, an heir’s real property interest vests at the original decedent’s death.
• If the heir dies before probate ends, their vested interest becomes part of their own estate.
• The heir’s personal representative must open probate (or small estate proceedings) to transfer the interest.
• Distribution follows intestate or testamentary succession under Chapter 28A and real estate transfer rules in Chapter 29.
• Without successors, the property may escheat to the State under § 28A-25-1.

Contact Pierce Law Group for Help

Handling an heir’s vested property interest requires careful coordination of multiple probates and strict compliance with North Carolina statutes. At Pierce Law Group, our attorneys have extensive experience guiding families through these matters. To discuss your situation, email us at intake@piercelaw.com or call us today at (919) 341-7055.