What Happens If a Person with Assets in North Carolina Does Not Reside in the State?

Detailed Answer

When someone owns property in North Carolina but lives elsewhere, North Carolina law requires an additional probate step. The state divides probate into a primary administration in the decedent’s home jurisdiction and an ancillary administration here for any assets located in North Carolina.

Under N.C. Gen. Stat. § 28A-14-1, North Carolina courts have jurisdiction over estates of nonresidents who die owning property in the state. To administer those assets, you must file an ancillary application in the clerk of superior court’s office in the county where the property sits.

You prepare and submit an application along with an oath and a corporate surety bond, unless the court waives bond. See N.C. Gen. Stat. § 28A-14-4. Once appointed, the ancillary personal representative gains powers to collect assets, pay debts and taxes, and distribute property under North Carolina law.

Ancillary administrators operate under the same rules as primary representatives. North Carolina statutes grant them authority to act on behalf of the estate. See N.C. Gen. Stat. § 28A-14-6. These powers include selling or leasing property, settling claims, and closing out the estate in compliance with local court procedures.

In limited cases—if the estate holds only personal property and its value does not exceed the statutory threshold—you may use a small estate affidavit in place of full ancillary probate. This streamlined process, set out in N.C. Gen. Stat. § 28A-23-1, can transfer assets more quickly but applies only to estates under the value limit.

Any real estate located in North Carolina always triggers ancillary probate. If you skip this step, you can’t transfer clear title, sell the property, or refinance. The court may also impose fees and require publishing a notice to creditors, which adds time and cost.

Key Points to Remember

• Ancillary probate applies to any real or tangible personal property in North Carolina. (N.C.G.S. § 28A-14-1)
• File for ancillary administration with the clerk of court where the property lies. (N.C.G.S. § 28A-14-4)
• Provide an oath and a surety bond unless the court waives it.
• An ancillary representative holds similar powers to a primary representative. (N.C.G.S. § 28A-14-6)
• Small estate procedures may apply for personal property under the statutory value limit. (N.C.G.S. § 28A-23-1)
• Failing to administer properly can delay transfers and expose representatives to liability.

If you live out of state but hold assets in North Carolina, follow the local probate rules to avoid delays and protect estate property. Pierce Law Group’s attorneys have handled hundreds of ancillary administrations and can guide you through each step.

Contact us today to get started. Call (919) 341-7055 or email intake@piercelaw.com for a consultation.