Probate Q&A Series

Who is legally authorized to evict tenants from a probate property in North Carolina?

Who Holds the Authority to Evict?

When a property owner dies, tenants may remain in the home or rental unit. Only an appointed personal representative may legally evict tenants from probate property. A personal representative, sometimes called an administrator or executor, obtains Letters Testamentary or Letters of Administration from the Clerk of Superior Court. These documents prove the representative’s authority to act on behalf of the estate.

North Carolina law grants personal representatives broad powers to manage and preserve estate property, including initiating summary ejectment proceedings. See N.C. Gen. Stat. § 28A-15-1 (powers of personal representatives).

To remove tenants, a personal representative must follow the summary ejectment process under Chapter 42 of the North Carolina General Statutes. Key steps include:

  1. Providing proper notice to the tenant.
  2. Filing a summary ejectment complaint in the county where the property lies. See N.C. Gen. Stat. § 42-35 (grounds for summary ejectment).
  3. Serving court papers and attending the hearing.
  4. Obtaining a judgment for possession and arranging a writ of possession if necessary.

Heirs or family members who have not been appointed as personal representatives lack the legal standing to evict tenants. Attempting eviction without proper authority can lead to liability for wrongful eviction.

Key Steps to Evict Tenants from Probate Property

  • Confirm appointment by obtaining Letters Testamentary or Administration. (N.C. Gen. Stat. § 28A-7-1)
  • Serve required notice to tenant based on lease terms or statutory default notice.
  • File a summary ejectment action in the correct superior court. (N.C. Gen. Stat. § 42-36)
  • Attend court hearing and secure a judgment for possession.
  • If tenant fails to vacate, request a writ of possession from the clerk.
  • Follow all statutory requirements to avoid wrongful eviction claims.

Contact Pierce Law Group for Help with Probate Evictions

Evicting tenants from probate property involves strict legal procedures. If you serve as a personal representative or anticipate acting in that role, you need clear guidance. Pierce Law Group’s attorneys have handled countless probate matters. Reach out today for assistance and protect the estate from costly mistakes.

Email us at intake@piercelaw.com or call (919) 341-7055.