Must I open a North Carolina probate estate if a decedent owned property in another state?
Detailed Answer
When someone dies owning assets in more than one state, beneficiaries and personal representatives often wonder where to start. North Carolina law requires that you probate only the assets located in this State. You do not need to open a full North Carolina estate for property located elsewhere. Instead, you handle out-of-state property through an ancillary proceeding in the state where that property sits.
Primary versus Ancillary Probate
If the decedent was domiciled in North Carolina at death, you open a primary probate here for all North Carolina real and tangible personal property. For real estate or other property located in another state, the personal representative must open an ancillary estate in that foreign jurisdiction. That foreign court grants authority to deal with property there.
When North Carolina Probate Is Unnecessary
If the decedent resided outside North Carolina and owned no real or tangible personal property here, you generally do not open a North Carolina estate. Instead, you start probate in the decedent’s home state. That primary proceeding will control distribution of all assets subject to its jurisdiction, including real estate in North Carolina through an ancillary petition here if necessary.
North Carolina Law on Ancillary Proceedings
North Carolina law lays out ancillary probate procedures in Chapter 28A of the General Statutes:
- Appointment of an ancillary personal representative: N.C. Gen. Stat. § 28A-6-1.
- Deposit of out-of-state assets when a decedent was domiciled elsewhere: N.C. Gen. Stat. § 28A-6-2.
- Authority and duties of an ancillary administrator: N.C. Gen. Stat. § 28A-6-3.
These statutes ensure that the ancillary estate handles only the property with situs outside North Carolina, while the primary estate here or elsewhere distributes the rest.
Key Takeaways
- If the decedent was domiciled in North Carolina and owned real or tangible personal property here, open a primary North Carolina probate.
- For real estate or tangible assets located outside North Carolina, file an ancillary probate in the state where the property sits.
- If the decedent was domiciled elsewhere with no North Carolina property, you generally skip North Carolina probate and proceed in the home state.
- Follow North Carolina’s ancillary statutes (N.C. Gen. Stat. §§ 28A-6-1 to 28A-6-3) to appoint an ancillary personal representative and manage out-of-state assets.
- Consult experienced probate attorneys to coordinate primary and ancillary filings and avoid delays or duplicate court actions.
Handling multi-state estates can feel complex. At Pierce Law Group, our attorneys guide you through primary and ancillary probate, coordinate filings in different states, and protect your inheritance rights. Contact us today by email at intake@piercelaw.com or call (919) 341-7055. Let us simplify the process and help you move forward with confidence.
