Short Answer

Often, yes—at least until someone with legal authority requires you to leave. In North Carolina, heirs or devisees take title to real estate at death, but a court‑appointed personal representative (PR) can ask the Clerk of Superior Court for authority to take possession and, if needed, eject occupants to preserve the estate. During a pending will caveat, the court focuses on preserving assets; sales or deeds by heirs that do not meet statutory requirements may not bind the estate.

Understanding the Problem

You’re asking whether you can stay in the North Carolina home while a will dispute is pending. You lived with your long‑term partner in a home your partner bought, your partner died, you found a will and applied to be personal representative, and the decedent’s mother deeded the property to an investor. A caveat is pending and a probate hearing is scheduled, and you are still living in the home.

Apply the Law

Under North Carolina law, real property passes at death to the heirs (if no valid will) or to the devisees under a valid will. That title is subject to the estate’s needs and the PR’s limited authority to preserve assets. Once appointed, a PR may seek possession of estate real estate and, if necessary, eject occupants when doing so is in the best interests of administration. When a will caveat is filed, the clerk limits distributions and can enter preservation orders while the Superior Court decides the caveat. Deeds and sales by heirs or devisees within the first two years after death often require PR joinder to be effective against the estate and its creditors.

Key Requirements

• Title at death: Heirs or devisees take title to the decedent’s real property at death, subject to estate administration and creditor rights.
• PR’s possession powers: After appointment, a PR can ask the Clerk to authorize possession of the home and may eject occupants if it benefits the estate.
• Caveat limits actions: During a will contest, distributions are paused; the clerk may issue orders to preserve and manage property.
• Heir sales within two years: Sales or deeds by heirs/devisees before final accounting are generally not binding on the estate or creditors unless the PR joins in the conveyance.
• Forum and control: The Clerk of Superior Court oversees estate proceedings and preservation orders; the Superior Court tries the will caveat.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2 (Title to property of decedent) – Heirs/devisees take title to real property at death, subject to administration.
• N.C. Gen. Stat. § 28A-13-3 (Powers of personal representative) – PR may seek possession of real property and eject occupants if in the estate’s best interests.
• N.C. Gen. Stat. § 31-36 (Effect of caveat on estate administration) – Limits distributions; allows preservation measures and payments with notice while a caveat is pending.
• N.C. Gen. Stat. § 28A-17-12 (Sales by heirs or devisees) – Within two years, conveyances generally require PR joinder to bind the estate and creditors.

Analysis

Apply the Rule to the Facts: Because real property passes at death to heirs or devisees, title is unsettled until the caveat is resolved. Until a PR is appointed and obtains authority to take possession or eject, you can usually remain in the home, especially where continued occupancy preserves the property. The mother’s deed to an investor during administration, without PR joinder and within the first two years, may not bind the estate or creditors, so it may not give the investor clear power to remove you while the caveat and estate proceedings are pending.

Process & Timing

1. Who files: You (as the petitioner for appointment) or the appointed PR. Where: Clerk of Superior Court in the North Carolina county where the estate is administered/where the real property lies. What: Application for probate and letters (AOC‑E‑201) and, after appointment, a verified petition asking the Clerk to authorize possession/custody/control of the real property and related preservation orders. When: As soon as possible after death; during a caveat, request preservation orders promptly.
2. Ask the Clerk for a preservation order allowing continued occupancy and payment of essential expenses (e.g., insurance, utilities) while the caveat is pending. Parties receive notice and the Clerk can hold a hearing to decide disputed preservation issues.
3. After the caveat is decided in Superior Court, the PR implements the judgment: either administers under the validated will or by intestacy. If sale or turnover is required, the PR proceeds by statutory authority or by petition for sale; the final outcome determines future occupancy.

Exceptions & Pitfalls

• If the will gives the PR immediate title or express power to take possession, the PR can move faster to obtain possession and, if necessary, an ejectment order.
• Existing leases are treated under landlord‑tenant rules; a valid tenant’s rights differ from a guest’s or family member’s occupancy.
• If the will is not timely recorded in the county where the land lies, bona fide purchaser issues can arise; recording and notice steps matter.
• Do not ignore court notices or an eviction filing—respond promptly and alert the Clerk that estate and caveat proceedings affect possession.

Talk to a Probate Attorney

If you’re dealing with a contested will, a disputed deed, and questions about staying in the home, 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.