Who Has Legal Authority to Evict a Tenant from a North Carolina Probate Estate?
Understanding the Personal Representative’s Role
After someone dies, the court appoints a personal representative to manage the estate. This person holds legal title to estate assets. Only the personal representative can act on behalf of the estate. That authority extends to evicting tenants from estate property. See N.C. Gen. Stat. § 28A-25-1.
Obtaining Court Approval to Possess Estate Property
North Carolina law requires a court order before a personal representative takes possession of estate assets. Under N.C. Gen. Stat. § 28A-25-1, the representative files a petition with the clerk of superior court for an order of possession. Once the clerk approves the petition, the personal representative gains authority to remove occupants.
Starting a Summary Ejectment Action
After securing the order of possession, the personal representative uses the summary ejectment process. This process follows Chapter 42 Article 2 of the North Carolina General Statutes. Under N.C. Gen. Stat. § 42-27, the representative must serve the tenant with a notice to vacate. If the tenant fails to leave, the representative files a summary ejectment complaint in magistrate court. A judge then issues a judgment for possession and a warrant of removal. The county sheriff enforces the eviction.
Key Points to Remember
- Only the court-appointed personal representative may evict tenants from probate property.
- The representative must obtain an order of possession from the clerk. (N.C. Gen. Stat. § 28A-25-1)
- Use the summary ejectment process under Chapter 42 Article 2. (N.C. Gen. Stat. § 42-27)
- Serve a proper notice to vacate at least 10 days before filing the complaint.
- Magistrate court issues the final eviction order, and the sheriff carries out the removal.
Contact Pierce Law Group for Help
Evicting a tenant from a probate estate involves strict court procedures and detailed statutory requirements. Pierce Law Group has experienced attorneys ready to guide you through every step. Contact us today by email at intake@piercelaw.com or call us at (919) 341-7055. Let us help you protect estate assets and ensure a smooth eviction process.
