Answer

When someone dies without a will in North Carolina, they die intestate. The law then decides who inherits their property, including any real estate. For heirs to transfer title to an intestate inherited house, they must open a probate estate, complete formal administration, and record the court’s order of distribution. Below is a step-by-step overview consistent with North Carolina law.

1. Identify All Heirs

Use North Carolina’s intestacy statutes (G.S. Chapter 29) to determine who qualifies as an heir. Common heirs include a surviving spouse, children, parents, or siblings.

2. File a Petition for Administration

Heirs or another interested party must file a petition in the Superior Court of the county where the decedent lived. This petition asks the clerk to appoint an administrator. The chosen administrator will gather assets, pay debts, and handle distribution.

3. Appoint an Administrator and Publish Notice to Creditors

Once the court issues letters of administration, the administrator publishes notice to creditors in a local newspaper. This step gives creditors a chance to file claims. (See G.S. 28A-20-3.)

4. Inventory and Appraise Estate Property

The administrator inventories all assets, including the house. They must file the inventory with the clerk within 90 days. (See G.S. 28A-21-2.)

5. Petition for Distribution of Real Property

After paying debts and expenses, the administrator petitions the court to distribute real property to heirs. The clerk issues an order of distribution, specifying which heir receives the house. (See G.S. 28A-13-1 and G.S. 28A-13-2.)

6. Record the Order of Distribution

The heir takes a certified copy of the court’s order to the Register of Deeds. Recording this document transfers legal title to the heir. At that point, the heir holds clear title to the house.

Key Takeaways

• Heirs must open a probate estate in the Superior Court.
• An administrator gathers assets, pays debts, and manages the process.
• The court issues an order of distribution under G.S. 28A-13-1.
• Recording the order in the Register of Deeds transfers title.
• Costs and timelines vary. Early planning and professional guidance help.

Next Steps

Transferring title to an intestate inherited house can feel complex. Our attorneys at Pierce Law Group guide heirs through every step. We handle filings, creditor notices, inventories, and court petitions. Contact Pierce Law Group to ensure a smooth transfer.

Call us at (919) 341-7055 or email intake@piercelaw.com to schedule a consultation.