Feb272026
Probate Q&A Series

If the will gives the surviving spouse the right to live in the home for life, when and how do I receive my share of the home’s value? – North Carolina

Short Answer

In North Carolina, a will clause that lets a surviving spouse live in the home “for life” usually creates a life estate for the spouse and a remainder interest for the other beneficiaries. That typically means the remainder beneficiaries do not receive their share of the home’s value until the life estate ends (usually when the spouse dies) or the parties (or a court) arrange a sale and properly allocate the proceeds. If the will has not been filed, the first practical step is often getting the will into the Clerk of Superior Court so the estate can be opened and the property interests can be confirmed.

Understanding the Problem

In North Carolina probate, the question is what happens when a will gives a surviving spouse the right to live in the home for life, but another beneficiary expects to receive part of the home’s value. The decision point is whether the beneficiary’s “share” is supposed to be paid now or only after the spouse’s lifetime right ends. This issue commonly comes up when the spouse (often also the named executor) has the original will and has not filed it with the Clerk of Superior Court, creating delays and uncertainty about when the remainder beneficiaries’ rights become enforceable.

Apply the Law

North Carolina law generally treats “the right to live in the home for life” as a life estate. The surviving spouse (the life tenant) has the right to possess and use the home during life, while the other beneficiaries (remaindermen) hold the right to receive full ownership when the life estate ends. In many estates, the home does not automatically get sold during the spouse’s lifetime, so the remainder beneficiaries often receive value later—unless the will authorizes a sale, everyone agrees to a buyout or sale, or a court-supervised partition process is used for the remainder interest. The main forum for these issues is the Clerk of Superior Court (estate administration and many related special proceedings) in the county where the estate is administered and/or where the property is located.

Key Requirements

  • Confirm the property interest created by the will: The language usually creates a life estate for the spouse and a remainder interest for the other beneficiaries, but the exact wording matters (for example, whether the spouse also has a power to sell or whether the estate must sell and invest proceeds).
  • Determine whether a sale or payout is authorized during the spouse’s lifetime: Some wills require a sale at death, some allow a sale earlier, and some are silent—silence often means the remainder beneficiaries wait unless another legal process applies.
  • Get the estate moving in the correct forum: If the will is not filed and the estate is not opened, it is harder to confirm title, record documents, address expenses, and enforce beneficiary rights through the Clerk of Superior Court.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts suggest a will exists but has not been filed, and the surviving spouse may be holding it while also having a lifetime right to live in the home. If the will truly gives the spouse a life estate, the remainder beneficiary’s “share of the home’s value” is usually not paid immediately; it is typically realized when the life estate ends or when a permitted sale/buyout occurs. Because the will has not been filed, the immediate practical problem is confirming the will’s terms through the Clerk of Superior Court so the estate can be administered and the home interest can be documented and enforced.

Process & Timing

  1. Who files: Typically the person holding the original will or the person seeking to open the estate. Where: The Clerk of Superior Court (Estates) in the county where the decedent lived at death. What: File the original will for probate and apply for estate administration (letters). When: As soon as possible after death; delays can stall title work and beneficiary rights.
  2. Confirm the home interest and how value is handled: Once the estate is opened, the will’s language can be reviewed to confirm whether the spouse has only a right to occupy, a true life estate, or a life estate plus a power to sell. This step also helps clarify whether the executor has authority to sell the home during the spouse’s lifetime or whether the remainder beneficiaries must wait.
  3. If value must be realized during the spouse’s lifetime, evaluate lawful paths: Depending on the will and the ownership structure, options may include a voluntary buyout agreement, a voluntary sale with proper allocation, or a partition/special proceeding addressing the remainder interest. If a partition route is used, the court process must be structured so it does not interfere with the spouse’s right to possess the home during the life estate.

Exceptions & Pitfalls

  • The will may do more than grant occupancy: Some wills give the spouse a life estate and authority to sell, require a sale at a certain time, or direct that sale proceeds be held in trust. Those details can change when (and whether) a remainder beneficiary receives money.
  • Not all homes are probate assets: If the home passed outside probate (for example, by survivorship deed), the will’s life-estate language may not control that property. Title documents matter.
  • Expense disputes: Life tenants and remaindermen often disagree about who pays what. North Carolina statutes place tax responsibility on the life tenant in many situations, and reimbursement issues can arise if someone else pays to prevent loss of the property.
  • Partition is technical when a life estate exists: North Carolina allows partition involving remainder interests, but the process must be handled carefully to avoid interfering with the life tenant’s possession and to properly value interests if proceeds are distributed.
  • Delays from an unfiled will: If the person holding the will will not file it, the estate may remain “stuck,” and beneficiaries may need to use court procedures to get the will produced and the estate opened. For more on that issue, see force someone to file the will with the court and what to do if someone refuses to produce a will.

Conclusion

In North Carolina, a will that gives a surviving spouse the right to live in the home for life usually means the spouse holds a life estate and the other beneficiaries hold the remainder interest. In many cases, the remainder beneficiaries receive their share of the home’s value only when the life estate ends, unless the will authorizes an earlier sale or the parties (or a court) arrange a sale and allocate proceeds correctly. The most important next step is to get the will filed and the estate opened with the Clerk of Superior Court so the home interest and timing can be confirmed.

Talk to a Probate Attorney

If a will gives a surviving spouse lifetime rights in a home and the will has not been filed, our firm has experienced attorneys who can help clarify the property interests, work with the Clerk of Superior Court, and explain options and timelines for receiving a remainder share. 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: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.