Jan102026
Probate Q&A Series

Who is allowed to enter and secure a deceased person’s apartment before letters are issued? – North Carolina

Short Answer

In North Carolina, before the Clerk of Superior Court issues “letters” (letters testamentary or letters of administration), no one automatically has full legal authority to take control of a deceased person’s apartment or belongings just because of a family relationship. The safest options are (1) the person who has been appointed by the court (once letters issue) or (2) limited, practical access that the landlord voluntarily allows for safety and preservation, without removing property. If the decedent was the sole occupant, North Carolina law also gives the landlord a specific affidavit process to take possession and remove the tenant’s tangible personal property when no estate authority has been appointed.

Understanding the Problem

In North Carolina probate, the question is who can lawfully enter a deceased person’s locked apartment and secure the unit before the Clerk of Superior Court issues letters to a personal representative. The key decision point is whether anyone has court-issued authority yet (letters or another court appointment) versus a situation where no one has been appointed and the apartment is still under a lease. Timing matters because landlords and family members often want to prevent loss, damage, or unauthorized entry while the estate appointment is pending.

Apply the Law

Under North Carolina law, the person with authority to take possession and control of a decedent’s property is generally the court-appointed personal representative (executor under a will, or administrator if there is no will) once the Clerk issues letters. Before letters issue, family members and friends usually do not have the same legal authority to enter, inventory, and remove property. Separately, when the decedent was the sole occupant of a residential rental unit, North Carolina provides a landlord affidavit procedure that can allow the landlord to take possession of the tangible personal property left in the unit and move it to storage if certain conditions and waiting periods are met. The main forum for these issues is the Estates Division of the Clerk of Superior Court in the county where the decedent resided (and for the landlord affidavit, the county where the rental unit is located).

Key Requirements

  • Court authority (letters) controls access: The personal representative with letters is the person who can act for the estate, including securing and taking possession of estate property.
  • Landlord’s limited statutory path in sole-occupant rentals: If the decedent was the only tenant/occupant, the landlord may be able to use an affidavit process to take possession and remove tangible personal property when no personal representative (or similar court appointee) exists in that county.
  • Preservation vs. removal: Before letters, actions should focus on preventing loss (securing the unit, documenting condition) rather than removing or distributing property, unless a statute-based process applies.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, the apartment is locked by the complex and the belongings are described as new and untouched, which usually signals a need to preserve property and prevent unauthorized access. Because letters have not been issued yet, no one has the clearest “estate” authority to enter and remove items simply based on being a relative. If the decedent was the sole occupant, the landlord may have a statutory affidavit route to take possession and move the property to storage after required waiting periods and filings; otherwise, the practical next step is to move quickly to get a personal representative appointed so the person with letters can coordinate access with the landlord.

Process & Timing

  1. Who files: The person seeking authority to act for the estate (often the person named in the will, or an heir if there is no will). Where: Estates Division, Clerk of Superior Court in the North Carolina county tied to the estate filing. What: An application/petition to open the estate and qualify as personal representative so the Clerk can issue letters. When: As soon as possible when access is needed to secure property.
  2. Coordinate with the landlord: Once letters issue, the personal representative typically provides the letters to the landlord/management office and arranges a controlled entry to secure the unit, document contents, and plan for lawful removal and storage.
  3. If the decedent was the sole occupant: The landlord may be able to file an affidavit with the Clerk (in the county where the unit is located) after the statutory waiting period and required notices, then remove the tangible personal property to storage for a limited time and later dispose of it if no estate authority is appointed.

Exceptions & Pitfalls

  • Assuming “next of kin” equals legal authority: In practice, landlords often require letters before allowing removal of property, and acting without authority can create disputes among heirs or with the landlord.
  • Removing property too early: Taking items out before a personal representative is appointed can lead to accusations of theft, missing property, or improper distribution, especially if multiple heirs exist.
  • Landlord affidavit consequences: If the decedent was the sole occupant and no one qualifies promptly, the landlord may be able to move the property to storage and later sell or donate it under the statutory process, which can change what is available when letters finally issue.

Conclusion

In North Carolina, the person clearly authorized to enter, secure, and take control of a deceased person’s apartment belongings is the court-appointed personal representative after the Clerk of Superior Court issues letters. Before letters, family members usually do not have automatic legal authority to remove property, and landlords may rely on their own policies or a statutory affidavit process in sole-occupant rentals. The most reliable next step is to file to open the estate with the Clerk so letters can be issued as soon as possible.

Talk to a Probate Attorney

If a death has left a locked apartment and time-sensitive concerns about securing belongings before letters are issued, our firm has experienced attorneys who can help explain the options and timelines and coordinate the fastest path to proper authority. 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.