What probate steps exist in North Carolina to evict unauthorized occupants and manage inherited property insurance and cleanup?

1. Detailed Answer

When someone dies owning real estate in North Carolina, the court appoints a personal representative to settle the estate. Protecting and preserving property involves several key duties:

Appointment of a Personal Representative

First, you must file a petition for probate in the county where the decedent lived or where most real estate sits. Once the clerk of superior court issues letters testamentary (for a will) or letters of administration (when no will exists), the personal representative gains authority to act on behalf of the estate under Chapter 28A of the North Carolina General Statutes.

Eviction of Unauthorized Occupants

If someone occupies estate property without permission, the personal representative may file a summary ejectment action. Summary ejectment follows Chapter 42 of the North Carolina General Statutes, beginning at G.S. 42-1. In most counties, this process moves quickly:

• Prepare and file a complaint in small claims or magistrate court.
• Serve the occupant with a summons and complaint.
• Attend the hearing, typically within 7–10 days of service.
• If the court orders removal, coordinate with the sheriff to regain possession.

This procedure allows the estate to regain control of the real property with limited delay.

Managing Property Insurance

The personal representative must insure estate property against fire, vandalism, or other risks until distribution. North Carolina law requires the representative to protect assets and may require court approval for significant expenditures. Common steps include:

• Contact existing homeowner’s or landlord insurance provider to extend or convert coverage to the estate.
• If no policy exists, shop for hazard and liability insurance in the name of the estate.
• Maintain evidence of coverage for the court’s accounting under G.S. 28A-13-1.

Property Cleanup and Maintenance

Clearing debris, removing personal property, and securing the structure help preserve value. The representative typically:

• Obtains consent from heirs or court approval if expenses exceed authority limits.
• Hires licensed contractors to perform cleanup and minor repairs.
• Keeps receipts and invoices for the estate accounting.

2. Key Steps in the Process

• File for probate and receive letters testamentary or of administration.
• Secure the property: change locks, board windows, maintain utilities.
• Initiate summary ejectment under Chapter 42, G.S. 42-1 et seq., to remove unauthorized occupants.
• Notify or obtain hazard insurance in the estate’s name to protect against loss.
• Arrange for professional cleanup, debris removal, and minor repairs.
• Obtain court approval for large expenses or in complex estates (see G.S. 28A-14-1 and G.S. 28A-14-2).
• Prepare an inventory and final accounting showing all costs related to eviction, insurance, and cleanup under G.S. 28A-13-2.

Conclusion and Call to Action

Managing unauthorized occupants and handling insurance and cleanup require the right legal steps under North Carolina probate law. Pierce Law Group’s experienced probate attorneys guide personal representatives through each phase. To discuss your situation and protect estate property, email us at intake@piercelaw.com or call us at (919) 341-7055. Let us help you administer the estate confidently and efficiently.