Short Answer

In North Carolina, unpaid utilities and maintenance bills in a deceased tenant’s name are debts of the tenant’s estate—not your personal obligation. You may secure the property, open new utility accounts in the owner’s/manager’s name, and pay essential costs to prevent damage, then seek reimbursement as a creditor of the estate. If no personal representative exists, you can use a specific landlord procedure to remove and dispose of the decedent’s property and apply sale proceeds to unpaid rent and certain costs, and you must use summary ejectment to remove unauthorized occupants.

Understanding the Problem

You are a North Carolina property manager dealing with a former residential tenant who died over a year ago. Bills for utilities and maintenance remain in the decedent’s name and are unpaid, and current occupants are remodeling without authorization. You need to know what you must do (and can do) to address the unpaid bills while protecting the property.

Apply the Law

Under North Carolina probate law, a decedent’s unpaid bills are generally claims against the estate. A landlord/property manager may protect the premises (for example, by restoring utilities in the owner’s name, securing the unit, and addressing urgent maintenance) and later present a creditor claim to the estate. If no estate is open and the deceased tenant left personal property in the unit, North Carolina provides a landlord affidavit process to take possession, store, and later sell or donate that property. Separately, removing people still in the unit requires a summary ejectment case under the landlord-tenant statutes—self-help is not allowed. The Clerk of Superior Court is the forum for the landlord affidavit and most estate steps; small claims court (Magistrate) handles summary ejectment. Key timing triggers include a 10-day wait from the end of the paid rental period for the landlord affidavit, a 90-day wait before disposing of stored property, and estate claim deadlines if notice to creditors is published.

Key Requirements

• Estate debt, not yours: Utilities and maintenance in the decedent’s name are estate obligations. You can pay necessary charges to protect the property and later claim reimbursement from the estate.
• Landlord affidavit option: If the decedent was the sole occupant and no personal representative or small-estate affidavit exists in the county, you may file a landlord affidavit to take and store the tenant’s property after at least 10 days from the end of the paid rental period.
• Disposition after 90 days: If no personal representative/collector appears, you may sell or donate the stored property after 90 days, with required notices, and apply proceeds to unpaid rent, damages, storage/packing, filing fees, and sale costs; any surplus goes to the Clerk.
• Creditor claim timing: If an estate opens, file a written claim by the published deadline (no less than three months after first publication) or within 90 days of mailed notice if later.
• Appointment if no estate: When those with priority do not act within set periods, the Clerk may appoint a suitable administrator—creditors may petition after 90 days.
• No self-help for occupants: Remove unauthorized occupants only through summary ejectment under Chapter 42; do not lock out or remove them without a court order.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-25-7 (Landlord removal of deceased tenant’s property) – Allows a landlord to take, store, and later dispose of a sole occupant’s personal property if no estate is opened, with notice and timing safeguards.
• North Carolina Gen. Stat. § 28A-19-3 (Time limits to present claims) – Sets the bar dates for creditor claims after notice to creditors.
• North Carolina Gen. Stat. § 28A-5-2 (Renunciation; appointment after 90 days) – If those with priority do not qualify, the Clerk may appoint a suitable administrator.
• North Carolina Gen. Stat. § 42-26 (Summary ejectment) – Provides the eviction path for removing unauthorized occupants; self-help eviction is not permitted.

Analysis

Apply the Rule to the Facts: Because the unpaid utilities and maintenance are in the deceased tenant’s name, they are claims against the estate, not your personal debts. You may open new utility accounts in the owner’s/manager’s name to protect the property and document those costs to present as a creditor claim. If the decedent was the sole occupant and no representative or small-estate affidavit exists in the county, you can file the landlord affidavit to take and store remaining personal property and later dispose of it, applying proceeds to allowable charges. To deal with the current unauthorized remodelers, you must file a summary ejectment case; do not use self-help.

Process & Timing

1. Who files: Landlord or authorized manager. Where: Clerk of Superior Court in the county of the dwelling unit. What: AOC-E-450 (Affidavit for Removal of Personal Property of Deceased Residential Tenant) with a death certificate and inventory. When: After at least 10 days have passed from the end of the paid rental period, and only if no personal representative/collector or collection-by-affidavit is on file in that county.
2. After filing, you may remove and store the property, change locks, and re-let the unit. Mail a copy of the affidavit to the emergency contact listed in the lease or, if none, post required notices at your rental office and courthouse. Wait 90 days; if still no estate/collector, provide at least 7 days’ sale notice to the Clerk and by posting before any sale. Apply sale proceeds to unpaid rent, damages, storage/packing, filing fee, and sale costs; pay any surplus to the Clerk with an accounting.
3. Creditor claim: If an estate is opened, submit a written claim to the personal representative or the Clerk by the published deadline (no less than three months after first publication) or within 90 days after any mailed notice—whichever is later. If no one opens the estate within 90 days of death, you may petition the Clerk to appoint a suitable administrator (or contact the public administrator). For unauthorized occupants, file a summary ejectment in small claims court (Magistrate) in the same county.

Exceptions & Pitfalls

• The landlord-affidavit process applies only if the decedent was the sole occupant and no personal representative/collector or small-estate affidavit is on file in that county.
• If someone presents letters of appointment or a collection affidavit before you sell/donate, you must deliver the property to that person.
• Do not use self-help to remove current occupants; use summary ejectment. Improper lockouts can create liability.
• Utilities in the decedent’s name typically cannot be transferred; open new accounts in the owner’s/manager’s name and keep detailed records to support your creditor claim.
• Confirm your lease treats unpaid utilities as additional rent or damages before relying on sale proceeds to cover them.
• Missing the creditor-claim deadline can bar reimbursement; monitor the Clerk’s estate index for a filed estate and published notice.

Talk to a Probate Attorney

If you’re dealing with a deceased tenant’s unpaid bills and unauthorized occupants, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at [919-341-7055].

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.