Short Answer

Yes, but do it under your North Carolina executor authority and with safeguards. As a co‑executor, you can enter a written, enforceable agreement that advances your personal funds to help a devisee move out, provided both co‑executors consent, the terms are clear (amount, deadline, repayment/offset), and the arrangement is documented in the estate. For added protection and to avoid fiduciary risk, get a Clerk of Superior Court order authorizing possession/control of the home and approving reimbursement or offset from sale proceeds.

Understanding the Problem

In North Carolina probate, can a co‑executor arrange a written pay‑to‑vacate agreement with a sibling who occupies the inherited residence, so the house can be sold? Here, one daughter lives in the County 1 home left equally to the daughters (with a predeceased daughter’s children taking her share). You live out of state and need a written plan to front funds so the occupant can move out before listing.

Apply the Law

Under North Carolina law, title to real estate generally vests in the heirs or devisees at death, but the personal representative (PR) may take possession, custody, and control of the property if doing so is in the estate’s best interest. If the will does not already grant immediate possession or an express power over the real estate, the PR seeks an order from the Clerk of Superior Court authorizing possession and, if needed, ejectment of an occupant. Co‑executors must act together unless the will or a written delegation provides otherwise. A move‑out agreement funded by a PR’s personal money can be binding if it is well‑documented, neutral to all beneficiaries, and either consented to by affected devisees or approved by the Clerk. Repayment is typically handled by offsetting the recipient’s share or reimbursing from closing proceeds, and the PR must account for the transaction.

Key Requirements

• Authority over the property: Confirm the will’s power of sale/possession or obtain a Clerk order authorizing possession, custody, and control; add ejectment authority if needed.
• Co‑executor consent: Co‑executors act jointly unless the will permits independent action or a written delegation covers the step; both should sign the agreement.
• Clear written terms: State the advance amount, move‑out date, access terms, condition of surrender, and that repayment will occur by offset from the occupant’s share or from sale proceeds at closing.
• Beneficiary alignment: Obtain the occupant‑devisee’s written consent to offset/reimbursement; when shares are equal, secure written acknowledgment from other affected devisees to reduce disputes.
• Court oversight for safety: File an estate proceeding to authorize possession and, if desired, ask the Clerk to approve the agreement and offset to minimize surcharge risk.
• Account and disclose: Record the advance and the offset/reimbursement in the PR’s accounting; keep receipts and proof of payment.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – PR may obtain possession/control of real property and seek ejectment if in the estate’s best interest.
• North Carolina Gen. Stat. § 28A-17-1 (Sale, lease, or mortgage to create assets) – Special proceeding to sell real property for debts/expenses when required.
• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs and devisees) – Within two years, heirs’/devisees’ sales require PR participation after notice to creditors and before final account.
• North Carolina Gen. Stat. § 28A-13-6 (Joint personal representatives) – How co‑executors may exercise powers jointly or by written delegation.

Analysis

Apply the Rule to the Facts: You and your co‑executor can enter a written move‑out agreement with the occupying daughter, but you should first confirm authority to control the home. If the will lacks a power allowing immediate possession, petition the Clerk in County 1 for an order authorizing possession (and ejectment if needed). Both co‑executors should sign the agreement. Make the advance with your personal funds only after the occupant consents in writing that the amount will be repaid from her share or from sale proceeds at closing, and then disclose and account for it in the estate.

Process & Timing

1. Who files: Co‑executors. Where: Clerk of Superior Court in the North Carolina county where the residence sits. What: Verified petition for an order authorizing possession/custody/control of the home (and ejectment authority if needed) and, if desired, a consent order approving a move‑out advance with offset. When: Before advancing funds and before listing the home.
2. Serve devisees/heirs as required. The Clerk typically sets a hearing; timelines vary by county. If approved, you receive an order authorizing possession and any requested relief.
3. Execute the move‑out agreement (signed by both co‑executors and the occupant). After closing, reimburse or offset the advance from the occupant’s share per the order/consent, and reflect the transaction in your account filed with the Clerk.

Exceptions & Pitfalls

• Co‑executor mismatch: One co‑executor acting alone can trigger disputes; act jointly or use a written delegation consistent with the will.
• Private side deals: Paying an occupant without written consent and Clerk oversight can be treated as self‑dealing; seek a consent order to reduce surcharge risk.
• Wrong forum for ejectment: If the occupant is a tenant, use summary ejectment under the landlord‑tenant statutes; otherwise seek ejectment authority in the estate proceeding with the Clerk.
• Sale authority gaps: If the will lacks a power of sale and estate funds are needed, a special proceeding may be required to sell; plan timing so your agreement aligns with the sale process.
• Accounting lapses: Failing to record the advance and the offset/reimbursement in your PR account invites objections; keep clear paper trails.

Talk to a Probate Attorney

If you’re dealing with an occupied inherited home and need a safe, enforceable move‑out agreement, 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.