Short Answer

In North Carolina, you can ask the court to preserve the status quo while the will contest is pending by filing a civil action in Superior Court to block any sale or further transfer and recording a lis pendens against the property. At the same time, use the probate file to seek orders requiring asset preservation during the caveat. If you are appointed personal representative, you gain tools to take control of the real estate and challenge any unauthorized deed.

Understanding the Problem

In North Carolina probate, can you prevent a decedent’s parent from selling the home without your consent while the will’s validity is being challenged, especially when you are still living in the home?

Apply the Law

North Carolina law separates two tracks: the probate/caveat track (overseen initially by the Clerk of Superior Court and tried in Superior Court) and civil actions that affect real property title or seek injunctions (heard in Superior Court). A filed caveat shifts control of the will’s validity to Superior Court and triggers preservation duties in the estate. Real estate usually passes at death to heirs or devisees, but it remains subject to the estate’s administration, the personal representative’s powers, and statutory limits on sales during the first two years after death. To stop a sale or freeze title in the meantime, courts commonly use a temporary restraining order or preliminary injunction and a recorded lis pendens.

Key Requirements

• Preserve estate assets during a caveat: Once a caveat is filed, no distributions are made; the estate must preserve property. The Clerk can hear disputes about preservation while the caveat is pending.
• Use Superior Court for injunctions and title relief: To halt a threatened or completed transfer, seek a temporary restraining order/preliminary injunction and file claims such as cancellation of deed, quiet title, or constructive trust.
• Record a lis pendens: File and record a notice of lis pendens to bind later purchasers and put the world on notice that title is in dispute.
• PR control of real property: If the will gives the personal representative power or title, or if the court authorizes it, the PR may take possession and control of the real estate and, where proper, sue to recover or unwind improper transfers.
• Two-year sale rules for heirs/devisees: Within two years of death, most heir/devisee deeds are ineffective against the estate and creditors unless statutory requirements (including PR participation after notice to creditors) are met.

What the Statutes Say

• N.C. Gen. Stat. § 31-36 (Estate preservation during caveat) – During a caveat, distributions pause and the estate must preserve assets; the Clerk can address preservation issues.
• N.C. Gen. Stat. § 1-116 (Lis pendens) – Recording notice of pending litigation affecting title gives constructive notice to later purchasers.
• N.C. R. Civ. P. 65 (Injunctions) – Authorizes temporary restraining orders and preliminary injunctions to maintain the status quo.
• N.C. Gen. Stat. § 28A-17-12 (Heir/devisee sales within two years) – Limits the effectiveness of heir/devisee deeds against the estate and creditors unless statutory conditions are met.

Analysis

Apply the Rule to the Facts: A caveat is pending, so the estate must preserve assets, and the Clerk can address preservation disputes. Because you remain in the home and the mother signed a deed to an investor without probate approval, you can file in Superior Court to enjoin any resale or encumbrance and record a lis pendens to bind third parties. If you are appointed personal representative, you may seek possession/control of the property and bring claims to set aside or unwind any unauthorized transfer.

Process & Timing

1. Who files: You (through counsel) or the personal representative. Where: Civil action in Superior Court in the county where the property sits; related motions in the estate before the Clerk of Superior Court. What: Complaint for injunction/quiet title/cancellation of deed; Motion for TRO/preliminary injunction; Notice of Lis Pendens; motions in the estate for asset preservation and for appointment as PR. When: File immediately; TROs can be requested on an emergency basis.
2. After filing, present the TRO motion to a Superior Court judge; if granted, serve all parties and record the order and lis pendens with the Register of Deeds. Courts typically set a preliminary-injunction hearing within days to weeks.
3. Pursue appointment as personal representative in the probate file; if appointed, seek any needed order to take possession/control of the property and prosecute title claims. Expect the caveat to proceed in Superior Court; final judgment there will guide further estate administration.

Exceptions & Pitfalls

• A subsequent bona fide purchaser without notice may complicate unwinding a deed; timely lis pendens helps cut off that argument.
• The Clerk cannot grant injunctions; seek equitable relief in Superior Court, and use the estate file for preservation orders and PR appointment.
• Do not rely solely on the caveat to protect the property; without a lis pendens, later buyers may claim lack of notice.

Talk to a Probate Attorney

If you’re facing an unauthorized deed or a threatened sale during a will challenge, 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.