What Should I Do if Someone Is Falsely Claiming I’m Initiating the Sale of a Probate Property?

1. Detailed Answer

Discovering that a third party is spreading false claims about your intent to sell real estate in a North Carolina probate case can create confusion, damage your credibility, and threaten the smooth administration of the estate. Here’s how to set the record straight under North Carolina law:

1.1 Confirm Your Status and Authority

First, verify your role in the probate proceeding. Only a duly appointed personal representative (formerly “executor” or “administrator”) has authority to sell estate real property after obtaining court approval. You can confirm your appointment by reviewing the Letters Testamentary or Letters of Administration on file with the Clerk of Superior Court.

1.2 Gather Supporting Documentation

• Certified copy of Letters Testamentary or Letters of Administration
• Probate court order authorizing sale (if any)
• Recent court docket sheet showing no sale motion filed

1.3 Send a Written Notice of Non-Authorization

Draft and send a clear, dated letter to the individual making the false claim. Explain that no petition for sale has been filed, attach copies of your Letters, and demand they cease spreading misinformation. Keep proof of delivery.

1.4 File a Notice with the Probate Court

If the false claim persists, you can file a Notice of Non-Authorization or a motion for a declaratory judgment in the probate file. Ask the court to declare that no sale is pending and to bar any unauthorized actions. Although North Carolina statutes don’t prescribe this exact form, courts routinely grant relief to protect fiduciaries and the estate.

1.5 Alert Title Companies and Potential Buyers

Send a copy of your Letters and any court orders to title insurance companies or real estate brokers involved. Request they confirm with the Clerk’s office before accepting any documents or offers. This step prevents fraudulent contracts or deeds.

1.6 Consider Additional Remedies

• Civil action for tortious interference with contract or business relations
• Contempt motion if someone violates a court order
• Consulting with counsel about defamation or identity theft, if the false claims are especially harmful

Under North Carolina law, only a properly appointed personal representative may sell probate property and then only after court approval. See North Carolina General Statutes § 28A-15-1 (powers and duties of personal representatives).

2. Key Tips and Resources

• Review your Letters in the Clerk’s file to confirm you hold authority.
• Maintain copies of all correspondence and filings.
• Serve written notices by certified mail or a reliable courier service.
• Keep beneficiaries and heirs informed to prevent confusion.
• Document any further false statements for possible court filings.
• Consult an attorney if the false claims continue or escalate.

Protect Your Estate and Your Reputation

Falsely asserted sales disrupt probate administration. Acting swiftly and documenting every step lets you uphold your duties under North Carolina law and preserves the value of the estate.

Get Professional Guidance

At Pierce Law Group, our attorneys guide personal representatives through every probate challenge. If someone falsely claims you’re selling estate property—or if you have any probate question—reach out today. Email us at intake@piercelaw.com or call (919) 341-7055 for a consultation.