Short Answer

In North Carolina, a life tenant must keep the property in reasonable repair, pay routine costs like property taxes, insurance, and ordinary maintenance, and avoid “waste” that would harm the property’s value for the future owner (the remainderman). They are not usually required to make major capital improvements or pay down mortgage principal unless the deed, will, or a written agreement says otherwise. If a life tenant lets the property deteriorate or fails to pay basic carrying costs, the remainderman can ask a court for an injunction, damages, or other remedies.

How North Carolina Law Applies

A life estate gives someone the right to use and enjoy property during their lifetime, with ownership passing to others (remaindermen) when the life tenant dies. Under North Carolina law, title to real estate typically vests in the beneficiaries at death, not in the estate long-term, so ongoing costs are generally the responsibility of the people who hold present rights to the property. That means a life tenant—who has the current right to possess or rent the property—usually pays ordinary, recurring expenses and keeps the property in good repair.

Practically, this includes paying annual property taxes, maintaining insurance appropriate for a homeowner in possession, handling HOA dues and assessments that are ordinary and ongoing, and performing routine maintenance (roof upkeep, HVAC servicing, pest control, safety repairs). The life tenant must also avoid “waste,” which includes damaging the property, removing valuable fixtures or timber for profit, or letting the home fall into disrepair (permissive waste). Major capital projects (for example, foundation replacement or adding a new room) and mortgage principal reduction are typically outside a life tenant’s default obligations unless the governing document (will/deed/trust) or a written agreement allocates them to the life tenant.

If a life estate is created by a will or by a spouse’s election of a life estate in the “homeplace,” the day-to-day responsibilities still rest with the life tenant. Ongoing property costs are generally not paid by the personal representative after death unless the court authorizes it or the governing document gives the personal representative that role; once title vests, those carrying costs shift to the parties who own present interests (here, the life tenant).

Key Requirements

• Keep the property in reasonable repair: fix ordinary wear and tear and address safety issues to prevent deterioration.
• Pay ordinary, recurring carrying costs: property taxes, homeowner’s insurance, routine HOA dues/assessments, utilities while in possession, and typical maintenance.
• Avoid waste: do not damage the property, strip value (for example, cut timber for sale), or neglect maintenance so badly that the property’s value declines.
• Insurance: maintain coverage consistent with a prudent owner in possession (property and liability). While not mandated by statute, failing to insure can expose the life tenant to claims if a loss occurs.
• Mortgage obligations: life tenants typically bear interest and ordinary charges associated with the loan while they occupy or benefit from the property; principal reduction and extraordinary capital costs are not usually required unless agreed or directed by the governing instrument.
• Rents and records: if the life tenant rents the property, they generally keep the net rents after paying ordinary expenses, but should maintain records and avoid waste; remaindermen can seek an accounting if there are concerns.
• Governing document controls: a will, deed reserving the life estate, or trust can change any of these default rules. Always check it first.

Process & Timing

1. Review the will, deed, or trust. Confirm the life estate terms and any specific instructions about who pays taxes, insurance, repairs, or mortgage items.
2. Assess the property’s condition. Take photos, gather estimates, and note safety or code issues. Confirm coverage limits and insured parties on the policy.
3. Communicate in writing. If you are the life tenant, notify remaindermen of major issues and proposed repairs. If you are a remainderman, send a written request asking the life tenant to address deferred maintenance or pay overdue taxes/insurance.
4. If the estate is still open and risks are immediate, the personal representative may seek court authority to take custody of the real property temporarily to protect it. Otherwise, after title vests, the life tenant bears day-to-day responsibility.
5. Escalation if needed. If the life tenant refuses to perform basic upkeep or pay ordinary carrying costs, a remainderman can file a court action seeking: (a) an injunction to prevent waste; (b) an order requiring necessary repairs or payment of taxes/insurance; (c) damages for waste; or (d) in serious cases, appointment of a receiver to safeguard the property. Timelines vary by county and case complexity.
6. Settlement or cost-sharing. For large capital projects (roof replacement, structural work), the parties can agree in writing to share costs or adjust sale proceeds later.

What the Statutes Say

• North Carolina General Statutes § 29-30 (Election by surviving spouse to take a life estate in lieu of intestate share; explains the elective life estate framework and key effects, including how the life estate in the dwelling house functions).
• North Carolina General Statutes § 28A-15-2 (Vesting of real property in heirs or devisees; explains that real estate typically vests outside the estate, reinforcing that ongoing property expenses are generally borne by those holding present interests).
• North Carolina General Statutes § 28A-13-3 (Personal representative’s powers; court can authorize PR to take possession of real property temporarily when necessary to protect it during estate administration).
• North Carolina General Statutes § 28A-13-2 (Personal representative’s duty to preserve assets; context for interim protection during administration—routine upkeep after vesting typically shifts to the property’s present owner).
• North Carolina General Statutes § 8-46 and § 8-47 (Mortality and annuity tables used to value a life estate and remainder interests for transactions, settlements, or court orders).

Exceptions & Pitfalls

• Governing document overrides: A will, deed, or trust can assign specific costs (for example, ordering the estate or remaindermen to fund certain repairs or mortgage items).
• Preexisting liens: An elective life estate in the homeplace is generally not subject to the decedent’s unsecured debts, but remains subject to valid existing liens (for example, mortgages or taxes).
• Extraordinary repairs and improvements: Life tenants are not usually required to fund major capital projects (foundation, structural additions). Agree in writing on cost-sharing to avoid disputes.
• Insurance gaps: If the policy lists the wrong insured or lacks liability coverage for a tenant in possession, a loss or claim can create major exposure.
• Permissive waste: Ignoring roof leaks, termites, or safety issues can support a court finding of waste. Courts can order repairs, damages, or other relief.
• Rent without maintenance: Collecting rent while deferring basic repairs is a red flag; keep records and maintain the property to rental standards.

Helpful Hints

• Read the deed, will, or trust first; many disputes are resolved by following those written terms.
• Set reminders for tax due dates, insurance renewals, and regular maintenance (gutters, HVAC service, termite bond).
• Keep receipts, invoices, and photos of repairs. Good records deter disputes and support reimbursement or accounting if needed.
• Align insurance with your role: a life tenant in possession typically needs a homeowner-style policy with liability coverage; remaindermen should be listed as additional interests where appropriate.
• Large repairs? Get multiple estimates and propose a written cost-sharing plan with remaindermen. Consider mediation if you cannot agree.
• If the estate is open and the property is at risk (for example, uninsured or severely deteriorated), the personal representative can ask the court for limited authority to protect it while administration continues.

Disclaimer: This article is general information about North Carolina law, not legal advice. Reading it does not create an attorney‑client relationship.

Talk to a Probate Attorney

If you’re dealing with a life estate and need clarity about repairs, taxes, insurance, or alleged waste, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.