1. Detailed Answer

Handling an estate when someone dies without a will in North Carolina requires you to follow the state’s intestacy rules. When the deceased also owned property in California, you must open an ancillary probate there to clear title on out-of-state assets.

North Carolina Intestate Administration

Step 1. Identify Heirs. Under N.C. Gen. Stat. § 28A-2-1, the property passes to surviving spouse, children, parents or other next of kin in a set order.

Step 2. File a Petition. Submit a petition for administration to the clerk of superior court in the county where the decedent lived. See N.C. Gen. Stat. § 28A-10-1.

Step 3. Appoint a Personal Representative. The court issues letters of administration to the person entitled under the intestacy statute. This person gathers assets, pays creditors and distributes property.

Step 4. Inventory and Notice. The administrator must file an inventory of estate assets and give notice to creditors as required by Chapter 28A.

Step 5. Distribution. After debts and taxes, the administrator distributes the remaining property following the order in § 28A-2-1.

California Ancillary Probate

If the decedent owned real estate in California, you open an ancillary probate there to transfer title. You must:

1. File a petition in the California superior court where the property sits.
2. Submit certified copies of the North Carolina letters of administration.
3. Publish notice to creditors under Cal. Prob. Code § 9050 et seq.
4. Obtain ancillary letters and record them with the county recorder to clear title.

Once the court issues ancillary letters, you can sell or transfer the California property under California law.

2. Key Steps at a Glance

• Identify heirs under N.C. Gen. Stat. § 28A-2-1.
• File petition for administration in North Carolina (§ 28A-10-1).
• Obtain and file letters of administration.
• Inventory assets and notify creditors.
• Distribute assets per intestacy rules.
• File petition for ancillary probate in California.
• Submit North Carolina letters to California court.
• Publish notice to creditors in California.
• Record ancillary letters with county recorder.

Call to Action

If you need help opening an intestate estate in North Carolina or ancillary probate in California, the attorneys at Pierce Law Group stand ready to guide you. Contact us by emailing intake@piercelaw.com or calling (919) 341-7055.