Short Answer

In North Carolina, any heir can start an intestate estate by filing an application for letters of administration with the Clerk of Superior Court in the county where the parent lived. Once appointed, the administrator publishes a notice to creditors, files a 90-day inventory, and administers assets. Real estate vests in heirs at death, but sales or mortgages by heirs within two years can be limited if no notice to creditors is published or if the personal representative does not join. If someone retitled estate property without authority, you can ask the clerk or court to compel return or recognition of your share.

Understanding the Problem

In North Carolina, can an heir open an intestate estate to protect their inheritance when a sibling has already retitled the home without the heir’s signature? Here, your parent died without a will, and your sibling retitled the house without you. You want to open probate to assert your half interest or force a buyout.

Apply the Law

When someone dies intestate in North Carolina, the Clerk of Superior Court appoints an administrator to collect assets, pay valid debts, and distribute what remains to heirs. Title to real property generally vests in the heirs at death, subject to the estate’s needs and creditors’ rights. The personal representative (administrator) must publish a notice to creditors and file an inventory within 90 days. Within two years of death, sales, leases, or mortgages of inherited real estate by heirs can be limited unless proper creditor notice is published and the administrator joins in the transaction. If a person has wrongfully taken or retitled estate property, an interested person or the administrator can seek recovery through an estate proceeding before the clerk or a civil action.

Key Requirements

• Standing and venue: An heir may apply to be administrator in the county where the decedent lived at death; the clerk decides who serves if there is a dispute.
• File to open intestate estate: Submit the Application for Letters of Administration (AOC-E-202); the clerk issues letters after oath, any required bond, and basic intake review.
• Notice to creditors: After qualification, publish notice and mail to known or reasonably ascertainable creditors; claims deadline runs at least three months from first publication.
• Inventory and accounts: File a verified inventory within 90 days; later file annual/final accounts until the estate closes.
• Real property rules: Heirs take title at death, but the administrator can take possession or seek sale if needed for debts; heir sales within two years are limited unless creditor notice is published and the administrator joins.
• Unauthorized transfers: An interested person or administrator may petition the clerk to examine and recover estate property, or file a civil action to recover it.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-6-1 (Application for Letters) – Who applies, where to file, and what the application must include.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to Creditors) – Publication and mailing requirements; claims window.
• North Carolina Gen. Stat. § 28A-15-2 (Title to Property) – Real property generally vests in heirs at death, subject to administration.
• North Carolina Gen. Stat. § 28A-17-12 (Heirs’ Sales Within Two Years) – Limits on sales, leases, or mortgages by heirs within two years of death.

Analysis

Apply the Rule to the Facts: As a child of a North Carolina decedent who died without a will, you have standing to apply to be administrator. Opening the estate positions you to publish creditor notice, file the 90-day inventory, and assert your co-ownership. Because real property vested in the heirs at death, your sibling’s unilateral retitling and mortgage assumption does not extinguish your share; within two years, any heir conveyance is limited unless creditor notice is published and the administrator joins. If documents were executed without authority, you can seek an order to examine and recover estate property.

Process & Timing

1. Who files: Any heir (you). Where: Clerk of Superior Court in the North Carolina county where your parent lived. What: File AOC-E-202 (Application for Letters of Administration), AOC-E-400 (Oath), and if required AOC-E-401 (Bond) or AOC-E-404 (Bond Waiver). When: File as soon as possible; an inventory is due within 90 days after qualification.
2. After letters issue, publish the Notice to Creditors and mail to known creditors; the claims period runs at least three months from first publication. During this period, gather records, secure the home, and document title history. If a deed or retitling occurred without authority, consider an estate proceeding before the clerk to examine and recover property, or a related civil action.
3. If no voluntary resolution, pursue a partition action in Superior Court to force a buyout or sale. Opening probate first helps clear creditor issues and ensures any sale or buyout complies with the two-year/heirs’ sale rules and administrator joinder.

Exceptions & Pitfalls

• Oral promises about real estate are often unenforceable; focus on title, deeds, and proper estate administration.
• Heirs’ sales, leases, or mortgages within two years of death can be ineffective against creditors unless the notice to creditors has been published and the administrator joins.
• Bond may be required for an administrator unless properly waived by adult heirs; nonresident administrators must appoint a North Carolina resident process agent.
• Missing the 90-day inventory or failing to publish creditor notice can lead to delays, disputes, or removal of the administrator.
• Partition actions have special “heirs property” rules that may give co-owners a buyout option before a sale—plan strategy accordingly.

Talk to a Partition Action Attorney

If you’re dealing with a sibling who retitled the home after an intestate death and you need to open probate and protect your share, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.