Short Answer

In North Carolina, you generally cannot enter, move, or use a decedent’s property until the Clerk of Superior Court appoints you. If immediate action is needed to protect assets, ask the Clerk to appoint a temporary fiduciary (a “collector” with letters of collection) so you can lawfully secure property. After you qualify as administrator, you must protect assets, publish notice to creditors, and file an inventory within three months. Real estate passes to heirs at death but can be brought under estate control when needed to pay claims or by court order.

Understanding the Problem

You want to know how, in North Carolina, you can lawfully secure and inventory a deceased relative’s assets when there is no will. You and your child intend to serve as administrators. One sibling will not participate. A small parcel of land with a mobile home is among the assets. You also need to understand what you may do before the Clerk issues letters of administration.

Apply the Law

When someone dies intestate in North Carolina, the Clerk of Superior Court oversees the estate. Until the Clerk issues letters (or temporary letters of collection), you lack authority to enter, remove, or use the decedent’s property. After appointment, the administrator must gather and safeguard personal property, consider whether to bring real property under estate control to pay claims, publish notice to creditors, and file an inventory within three months.

Key Requirements

• Get legal authority to act: Apply for letters of administration, or if urgent protection is needed, ask the Clerk to appoint a temporary collector (letters of collection) so you can secure assets lawfully.
• Priority and renunciations: Heirs have priority to serve; non‑serving heirs can sign renunciations so one or two administrators can be appointed efficiently.
• Bond and oath: Administrators take an oath and may need a bond unless all adult heirs waive it and the administrator is a North Carolina resident.
• Inventory deadline: File a sworn inventory of estate assets within three months of qualification and supplement as needed.
• Notice to creditors: After qualification, publish and mail the required notice to creditors; claims are barred after the statutory period runs from first publication.
• Real property: Title to real estate passes to heirs at death, but the administrator can seek court authority to take possession if needed to pay claims or to preserve the property.

What the Statutes Say

• N.C. Gen. Stat. § 28A-6-1 (Applying for letters) – How to apply for appointment and acceptable proof of death.
• N.C. Gen. Stat. § 28A-13-3 (Administrator’s powers) – Powers to collect, preserve, and manage assets; procedures regarding real property.
• N.C. Gen. Stat. § 28A-14-1 (Notice to creditors) – Publish and mail notice; starts the claim‑filing window.
• N.C. Gen. Stat. § 28A-20-1 (Inventory due in 3 months) – Inventory content and timing.

Analysis

Apply the Rule to the Facts: With no spouse, descendants, or parents, the likely heirs are siblings and the descendants of any deceased siblings, so you and your child can seek appointment (with the non‑participating sibling renouncing). Because you need to secure a mobile home and other assets now, ask the Clerk to appoint a temporary collector so you can legally change locks and safeguard property. If personal property is modest, you could consider a small‑estate affidavit for personal property, but full administration better addresses the land, vehicle, and creditor notice.

Process & Timing

1. Who files: An heir seeking appointment (you, and optionally your child as co‑administrator). Where: Clerk of Superior Court in the decedent’s county of domicile in North Carolina. What: AOC‑E‑202 (Application for Letters of Administration), AOC‑E‑200 (Renunciation by any heir declining to serve), AOC‑E‑404 (Bond waiver, if allowed), AOC‑E‑401 (Bond, if required), AOC‑E‑400 (Oath). Request letters of administration (AOC‑E‑403). If urgent, ask for temporary appointment as a collector (letters of collection). When: File as soon as possible.
2. After appointment, secure and insure assets; take custody of personal property; consider whether to seek court authority over real property. Publish and mail the notice to creditors promptly; the claims window runs from first publication. Open an estate bank account.
3. Within three months of qualification, file the sworn inventory (AOC‑E‑505) and any supplements. Continue administration, then close the estate after paying valid claims and making distributions. File the Affidavit of Notice to Creditors (AOC‑E‑307) and required accounts before closing.

Exceptions & Pitfalls

• Do not enter, remove, or use property before you are appointed; doing so risks claims for conversion or trespass. If security is urgent, request a temporary collector appointment.
• Bond traps: If any heir is a minor, or the administrator is not a North Carolina resident, a bond may be required. Get signed renunciations and any bond waivers from all adult heirs early.
• Real property sales: Transfers by heirs within two years can be affected by creditor notice and claims. When sale is likely, open full administration and handle sales through the estate or after the claims period.
• Bank and vehicle access: Banks and the DMV often require letters. A small‑estate affidavit can work for limited personal property, but it does not manage real estate.
• Missed deadlines: Late inventories can trigger court orders and possible removal. Publish creditor notice promptly to start the claim bar period.

Talk to a Probate Attorney

If you’re dealing with securing and inventorying a North Carolina estate without a will, 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.