Short Answer

In North Carolina, you open an intestate estate (no will) by applying with the Clerk of Superior Court in the county where your mother lived, asking to be appointed “administrator.” Any heir—like an adult child—may apply. After you receive Letters of Administration, you must publish and mail notice to creditors, collect assets, pay valid debts, and distribute what remains to the legal heirs. Timelines and bond requirements apply.

Understanding the Problem

You want to know how an adult child in North Carolina can start probate when a parent dies without a will. The goal is to get legal authority from the Clerk of Superior Court to manage the estate, notify creditors, pay approved claims, and distribute remaining assets to the heirs. Here, your mother died intestate.

Apply the Law

North Carolina calls probate for someone who died without a will “intestate administration.” The Clerk of Superior Court oversees the process. An eligible person applies to be the personal representative (called an “administrator”) and, once appointed, must safeguard assets, notify creditors, file an inventory, pay valid claims and expenses, and then distribute remaining property under North Carolina’s intestacy rules. Real estate generally passes to heirs at death, but it remains subject to estate debts and may be sold if needed to pay those debts.

Key Requirements

• Who can apply: An heir (such as an adult child) may apply to serve as administrator; if multiple people have equal priority, the clerk may choose one or appoint co-administrators.
• Where to file: File in the Clerk of Superior Court in the county where your mother was domiciled at death.
• Bond and process agent: Bond is typically required unless specific waiver conditions are met; a nonresident administrator must appoint a North Carolina resident process agent.
• Creditor notice: After qualifying, publish a notice to creditors and mail notice to known creditors; claims are barred if not presented by the deadline in the notice.
• Inventory and accounts: File an inventory of estate assets within three months of qualification and periodic/final accounts as required.
• Real estate: Heirs take title at death, but the estate can seek court authority to take possession and sell if needed to pay debts, including mortgages.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-4-1 (Priority to serve) – Sets the order of who has priority to be appointed administrator.
• North Carolina Gen. Stat. § 28A-6-1 (Application for letters) – Describes what the application must include and how letters are issued.
• North Carolina Gen. Stat. § 28A-14-1 (Notice to creditors) – Requires publication and mailing of creditor notices and sets the claim period.
• North Carolina Gen. Stat. § 28A-15-1 (Administration of assets; sale to pay debts) – Allows sale of property, including real estate, when needed to pay estate debts.

Analysis

Apply the Rule to the Facts: With two adult children and no will, either of you may apply as administrator; the clerk may appoint one or both. Because there is real estate (multiple parcels and a home) and a pending foreclosure, full administration is appropriate so the administrator can address debts and, if needed, seek authority to sell property to pay them. Bond will likely be required unless statutory waiver conditions are met. After qualifying, you must publish and mail creditor notice, file an inventory within three months, and manage the car and bank account for claims and distribution.

Process & Timing

1. Who files: An adult heir (you or your sibling). Where: Clerk of Superior Court in the North Carolina county of your mother’s domicile. What: AOC-E-202 (Application for Letters of Administration), AOC-E-400 (Oath), AOC-E-401 (Bond) if required, AOC-E-403 (Letters of Administration); if the administrator is not a NC resident, also AOC-E-500 (Appointment of Resident Process Agent). When: File as soon as possible; once appointed, publish creditor notice promptly and file the inventory within three months of qualification.
2. After letters are issued, open an estate bank account; collect the car title and bank funds; publish notice to creditors once a week for four consecutive weeks and mail notice to known creditors; coordinate with the mortgage lender to protect the home (e.g., explore cure, sale, or other options consistent with estate duties).
3. If personal property is insufficient to pay debts, petition for authority to take possession of and sell real estate to pay valid claims. After paying claims and expenses, distribute remaining assets to heirs under intestacy and file a final account to close the estate.

Exceptions & Pitfalls

• Small estate shortcuts may not fit: Collection by affidavit is limited to personal property below statutory thresholds and does not authorize selling real estate; with multiple parcels and foreclosure, full administration is usually necessary.
• Bond traps: Heirs can sometimes waive bond for a North Carolina resident administrator; a nonresident must appoint a resident process agent and may still need bond.
• Appointment disputes: If co-heirs compete to serve, the clerk may require notice to those with equal or higher priority before issuing letters; unresolved disputes can delay urgent tasks like dealing with the lender.
• Creditor notice errors: Failing to publish and mail notice can leave the estate open to late claims and complicate real estate sales.
• Real estate within two years: Heirs’ sales, leases, or mortgages within two years of death can be vulnerable to creditor issues unless proper creditor notice is published and the personal representative participates.

Talk to a Probate Attorney

If you’re dealing with an intestate estate that includes real estate and urgent creditor issues like a foreclosure, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

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.