Probate Q&A Series

Detailed Answer

When someone dies owning real estate in North Carolina, heirs cannot manage or sell that property outright. State law requires the estate to enter probate—a court‐supervised process that appoints a personal representative to collect assets, pay debts, and distribute what remains to heirs. Below are the key legal steps heirs must follow to gain control and proceed with a sale:

  1. File a Petition for Probate. An heir or interested party files a petition with the Clerk of Superior Court in the county where the decedent lived. You must attach the original will (if one exists) and a certified copy of the death certificate. This step triggers the probate process under G.S. 28A-6-1.
  2. Obtain Letters Testamentary or Letters of Administration. If the decedent left a valid will, the court issues letters testamentary to the named executor. Without a will, the court issues letters of administration to an heir. Once issued, these letters empower the personal representative to act for the estate.
  3. Inventory and Appraise Estate Assets. The personal representative must list all estate property—including real estate—and file an inventory and appraisement with the clerk’s office within 90 days, per G.S. 28A-13. This step establishes the value of the property and alerts creditors and heirs to its existence.
  4. Petition for an Order of Sale. To sell inherited real estate, the personal representative petitions the clerk under G.S. 28A-21.1. The petition must describe the property, explain the reason for sale (for example, to satisfy debts or distribute proceeds), and identify all interested parties (heirs and creditors).
  5. Provide Notice and Attend a Hearing. The court schedules a hearing on the petition. The personal representative must give formal notice to all heirs, legatees, and creditors so they can raise objections or voice concerns.
  6. Obtain Court Approval and Confirm the Sale. If the court approves the sale, it issues an order authorizing the personal representative to market and sell the property. After the sale, the personal representative returns to the clerk to confirm the sale. Once confirmed, the representative can clear title and distribute proceeds according to the will or North Carolina’s intestacy rules.

In some cases, heirs who jointly own the property and agree on terms may enter a listing agreement before formal probate concludes. However, most buyers and lenders will insist on seeing court‐issued letters and a sale order to ensure clear title and full legal authority to transfer real estate.

Key Steps to Control & Sell Inherited Real Property

  • Determine the decedent’s domicile and probate venue.
  • Locate the original will and obtain a certified death certificate.
  • File a probate petition with the Clerk of Superior Court.
  • Secure letters testamentary or letters of administration.
  • Catalogue and appraise estate assets, including real estate.
  • File a petition for an order of sale under G.S. 28A-21.1.
  • Serve notice on all heirs, legatees, and creditors.
  • Attend the court hearing and obtain sale approval.
  • Market the property, execute the sale, and confirm the sale in court.
  • Distribute net proceeds in accordance with the will or intestacy laws.

Handling inherited real estate involves clear legal steps and strict deadlines. If you’re an heir or personal representative in North Carolina, you don’t have to navigate this process alone. Pierce Law Group’s experienced attorneys understand probate law and can guide you from petition to closing. To discuss your situation, email us at intake@piercelaw.com or call (919) 341-7055 today.