Short Answer

In North Carolina, you start an intestate estate by applying with the Clerk of Superior Court in the county where the decedent lived, asking to be appointed administrator, and posting any required bond. After you receive Letters of Administration, you must publish and mail notice to creditors, file a 90-day Inventory, pay valid claims in statutory order, and then distribute what remains to heirs. Real estate passes to heirs at death but may be sold if needed to pay estate debts.

Understanding the Problem

In North Carolina probate, you want to know how to open an intestate estate so you can be appointed administrator, provide creditor notice, and close the estate properly. The decedent had no will; you previously served as the decedent’s guardian and did not file a final guardianship account.

Apply the Law

Under North Carolina law, an intestate estate is opened by filing an application for Letters of Administration with the Clerk of Superior Court in the county of the decedent’s domicile. The Clerk decides who serves (based on a statutory priority list), sets bond unless a waiver applies, and issues Letters that authorize the administrator to collect probate assets, publish and mail notice to creditors, file the 90‑day Inventory, pay claims in order, and account before closing. Title to real property vests in heirs at death, but the administrator may seek court authority to sell it to raise funds to pay valid claims if the personal property is insufficient.

Key Requirements

• Apply in the right county: File the Application for Letters of Administration (AOC-E-202) with the Clerk of Superior Court where the decedent was domiciled.
• Eligible person and bond: Appointment follows a statutory priority (spouse, heirs, next of kin, etc.). The Clerk may require a bond unless a statutory waiver applies; take the oath and obtain Letters (AOC-E-400, E-401/E-404, E-402, E-403).
• Notice to creditors: After qualification, publish notice once a week for four weeks and send mailed notice to known creditors; claims are barred if not presented by the deadline stated (not less than three months after first publication).
• Inventory deadline: File an Inventory (AOC-E-505) with the Clerk within three months of qualification listing probate assets and their date‑of‑death values.
• Pay claims and account: Pay valid claims in statutory order, handle any needed real estate sale through the proper proceeding, make distributions to heirs, and file annual/final accounts to close.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-3-1 (Venue) – Open the estate in the county where the decedent was domiciled.
• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Lists who has first claim to serve as administrator and Clerk’s discretion.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailed notice; sets the creditor claim window.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory) – Inventory must be filed within three months after qualification.

Analysis

Apply the Rule to the Facts: Because there is no will, you will apply to be appointed administrator in the decedent’s county of domicile using AOC-E-202. With no spouse or children, heirs are determined by North Carolina’s intestacy rules; parents (if living) or siblings and their descendants may inherit. The mortgaged home vests in the heirs at death, but if the estate lacks cash to pay claims (including the mortgage or other debts), you can seek court authority to sell it. The small bank account is a probate asset; the insurance benefit is probate only if payable to the estate (not to a named beneficiary). As the former guardian, promptly file a final guardianship account and deliver any ward funds to the estate to reduce personal liability risk.

Process & Timing

1. Who files: An eligible heir/next of kin (or other qualified applicant). Where: Clerk of Superior Court in the decedent’s North Carolina county of domicile. What: AOC‑E‑202 (Application), AOC‑E‑401 (Bond) or AOC‑E‑404 (Bond Waiver if allowed), AOC‑E‑400 (Oath). The Clerk issues AOC‑E‑402 (Order) and AOC‑E‑403 (Letters). When: File as soon as practicable after death.
2. After Letters issue, publish notice to creditors once a week for four weeks and mail notice to known creditors; then gather assets, open an estate account, and within three months file the Inventory (AOC‑E‑505). During the claim window (at least three months from first publication), assess debts and decide if a real property sale proceeding is needed to raise funds.
3. Pay allowed claims in statutory order, resolve title or sale issues on the home if needed, distribute the remainder to heirs, and file annual/final accounts. The Clerk audits accounts before closing and discharging you.

Exceptions & Pitfalls

• Former guardian duties: When the ward dies, the guardianship ends; promptly file your final guardianship account and turn over any funds to the estate to reduce personal liability. The Clerk can compel late accounts and impose sanctions.
• Bond traps: Bond is generally required unless a statutory waiver applies (often only if the administrator is a North Carolina resident and all adult heirs consent). Expect the Clerk to require a bond where there are multiple heirs or disputes.
• Real property: Heirs take title at death, but the estate can seek a court‑authorized sale if needed to pay claims. Do not distribute before the claim period ends.
• Insurance proceeds: If a beneficiary is named, proceeds usually bypass probate and are not available for estate debts. If payable to the estate, list them on the Inventory and route the funds through the estate account.
• Small estate shortcuts: Collection by affidavit has dollar limits and does not solve real estate or multi‑heir disputes; it is usually not appropriate for a mortgaged home and competing heir claims.
• Notice errors: Failing to publish or mail proper creditor notice can leave the estate (and you) exposed; file the Affidavit of Notice to Creditors (AOC‑E‑307).

Conclusion

To start probate without a will in North Carolina, file AOC‑E‑202 with the Clerk of Superior Court in the decedent’s county, qualify as administrator (oath and any required bond), and obtain Letters. After qualification, publish and mail notice to creditors, file the 90‑day Inventory, then pay claims and distribute to heirs. If cash is short, seek authority to sell real property to pay debts. Next step: file the Application for Letters with the Clerk and calendar the 90‑day Inventory deadline.

Talk to a Probate Attorney

If you’re dealing with an intestate estate involving a mortgaged home, multiple relatives, and unfinished guardianship paperwork, 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.