Short Answer

In North Carolina, title to real estate devised by will passes to the devisee (here, the trustee of the revocable trust) when the will is probated. To transfer marketable title, record a certified copy of the will and use the correct deed—typically a Beneficiary and Executor’s Deed if the trustee sells before the estate’s final account. To close the estate, publish notice to creditors, pay allowed claims, account for the sale proceeds (transfer net proceeds to the trust), and file the estate’s final account with the Clerk of Superior Court.

Understanding the Problem

You’re administering a North Carolina estate where the will leaves the real estate to a revocable trust. You served as both executor and trustee, sold the property, and the sale proceeds went into the estate account (not the trust). You want to know which deeds and court filings are needed to perfect title and finish the estate so distributions aren’t delayed.

Apply the Law

Under North Carolina law, once a will is probated, title to devised real estate vests in the devisee and relates back to the date of death. When a devisee (including a trustee named in the will) sells before the estate’s final accounting or within certain early timeframes, the personal representative often must join in the deed to cut off creditor and administration risks. Estate administration runs through the Clerk of Superior Court, and core deadlines include publishing notice to creditors, filing a 90‑day inventory, annual accounts if the estate remains open beyond a year, and a final account when debts are paid and distributions are complete.

Key Requirements

• Record probate in land records: File a certified copy of the will and probate order in each North Carolina county where the land is located to establish chain of title.
• Use the correct deed to convey: If the trustee (as devisee) sells before final accounting, use a Beneficiary and Executor’s Deed (trustee plus executor join). If the estate sells under authority, use an Executor’s deed with limited/special warranty.
• Publish notice to creditors and observe claim windows: Publish and file the affidavit of notice; sales before final closing may require executor joinder to protect against creditor claims.
• Account correctly for sale proceeds: Net sale proceeds attributable to the trust must be transferred from the estate account to the trust and reflected in both estate and trust records.
• Close with a final account: After paying claims and expenses and completing transfers, file the final account with vouchers; the Clerk audits, approves, and enters a discharge order.

What the Statutes Say

• North Carolina Gen. Stat. § 31-39 (Title to devised real estate) – Title to devised land vests in the devisee when the will is probated.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs/devisees within two years) – Early sales may be void as to creditors unless notice is published and the personal representative joins the deed before final account.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication/posting and filing of notice to creditors.
• North Carolina Gen. Stat. § 28A-21-2 (Final account; time) – Sets timing for filing the final account and extensions.

Analysis

Apply the Rule to the Facts: Because the will devised the real property to the trust, title vested in the trustee when the will was probated. If the sale occurred before the estate’s final account (and particularly within the early period after death), the executor should have joined the deed; if not, a confirmatory deed may be needed to clear title. The sale proceeds placed in the estate account must be reconciled: pay valid estate expenses and claims as required, then transfer the net proceeds to the trust and reflect the transfer in the estate’s final account and the trust’s records.

Process & Timing

1. Who files: Executor. Where: Clerk of Superior Court (Estates Division) in the county of domicile; Register of Deeds in the county where the land sits. What: Record the certified will and probate order; prepare and record either a Beneficiary and Executor’s Deed (trustee + executor) if the trust sold, or an Executor’s Special Warranty Deed if the estate sold; file the Affidavit of Notice to Creditors (AOC‑E‑307) with the court file. When: Notice to creditors is published early in administration; record deeds promptly at closing.
2. Reconcile money flows: document sale proceeds received in the estate account, pay allowed claims and expenses, then transfer the net proceeds to the trust. Keep bank statements, closing disclosures, invoices, and receipts as vouchers. File any supplemental inventory if needed and file annual accounts if the estate remains open more than one year (timing may vary by county).
3. Close the estate: prepare and file the final account with vouchers and requested commissions/fees. Consider sending permissive notice of proposed final account to beneficiaries. After audit and approval, the Clerk enters a discharge order and the estate is closed.

Exceptions & Pitfalls

• If the devisee (trust) sold before final account without the executor joining, a confirmatory deed may be needed to protect title against estate creditors.
• Failing to record a certified will and probate order in the county where the land is located can create title gaps.
• Commingling trust and estate funds is a fiduciary risk; correct by transferring the net proceeds to the trust with clear vouchers or seek court approval/beneficiary consent.
• Attorney fees and commissions must be supported by invoices and approved through the accounting; beneficiaries may object, and the Clerk audits these at closing.
• Missing or late notice to creditors can affect the validity of an early sale; ensure the Affidavit of Notice to Creditors is filed and kept with the account.

Talk to a Probate Attorney

If you’re dealing with unfinished deeds, disputed fees, and an estate that won’t close, 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.