Short Answer

In North Carolina, you open probate with the Clerk of Superior Court in the county where each decedent lived, using the state forms to request “letters” that give you legal authority. A handwritten will can be valid if it meets the state’s holographic-will rules. Real estate often passes outside of probate at death, but a personal representative can seek court authority to take possession and protect occupancy. Deadlines apply, including publishing notice to creditors soon after you qualify and filing an inventory within three months.

Understanding the Problem

In North Carolina, how do I, as the person named to inherit under my stepfather’s handwritten will, open probate for his estate and his spouse’s estate so I can confirm what I own and stay in the home? One important fact: the will is handwritten and notarized.

Apply the Law

Under North Carolina law, probate starts with the Clerk of Superior Court. The named executor, devisee, or another interested person can file if the named executor does not. A handwritten will can be valid as a “holographic will” if it is entirely in the testator’s handwriting, signed, and found in a statutorily recognized place. Real property usually vests in heirs or devisees at death, but the personal representative can ask the clerk for possession of the residence to protect and administer the estate, including seeking an order to remove someone wrongfully occupying it. You must publish a notice to creditors after qualifying and file an inventory within three months.

Key Requirements

• Who can file: The named executor may apply; if not, a devisee or other interested person can apply after the initial period with notice to the named executor.
• Holographic will validity: Entirely handwritten and signed by the decedent, and found among valuable papers, in a safe place, or with someone for safekeeping at the decedent’s direction.
• Two estates if needed: If the home was owned with a spouse as tenants by the entirety, the stepfather’s share likely passed to the spouse at death; you then open the spouse’s estate to pass title to heirs.
• Real property and probate: Title to land generally vests in heirs/devisees at death, but the personal representative can seek court authority to take possession if needed to administer or protect the asset.
• Deadlines: Publish notice to creditors soon after qualifying (procedures can change); file the inventory of assets within three months of qualification.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-2A-2 (Who may apply for probate) – Executor or, after a short period and notice, any interested person may apply.
• North Carolina Gen. Stat. § 31-3.4 (Holographic wills) – Requirements for handwritten wills.
• North Carolina Gen. Stat. § 28A-15-2 (When title to property vests) – Real property vests in heirs/devisees at death, subject to administration.
• North Carolina Gen. Stat. § 28A-13-3 (Powers of personal representative) – PR may seek possession of real property and eject occupants through the clerk.

Analysis

Apply the Rule to the Facts: Because the will is handwritten and notarized, the clerk will treat it as a potential holographic will. You must prove it is entirely in your stepfather’s handwriting, signed, and found in a qualifying place. If your stepfather owned the home with his spouse as tenants by the entirety (common for married couples), his interest passed to the spouse at his death; you then need to open the spouse’s estate to pass title to heirs. If someone is trying to exclude you from the home, once you qualify the clerk can authorize you, as personal representative, to take possession and seek an order to remove wrongful occupants.

Process & Timing

1. Who files: You (as named devisee/nominee) if the named executor will not file. Where: Clerk of Superior Court in each decedent’s county of residence in North Carolina. What: For your stepfather: Application for Probate and Letters (AOC‑E‑201), the original handwritten will, and proof of death; for the spouse (if no will): Application for Letters of Administration (AOC‑E‑202). When: If the named executor does not apply within 60 days, an interested person may apply with 10 days’ notice; publish a creditor notice soon after qualifying; file the inventory within 3 months of qualification.
2. After letters issue, determine how the deed was titled. If it was tenancy by the entirety, record certified probate documents as needed and proceed through the spouse’s estate to pass title. If it was tenants in common, include your stepfather’s share in his estate administration. County processing times vary.
3. If someone is excluding you from the residence, file an estate proceeding with the clerk seeking an order granting the estate possession under the PR’s powers. If granted, use the order and your letters to secure access and, if needed, request the clerk’s order for ejectment through the estate process.

Exceptions & Pitfalls

• Handwritten will issues: If the will is not entirely in your stepfather’s handwriting, lacks his signature, or cannot be shown to have been found in a qualifying place, the clerk may refuse probate.
• How title was held matters: If the deed shows tenancy by the entirety or joint tenancy with survivorship, your stepfather’s interest likely bypassed his probate and went to the spouse; you must then open the spouse’s estate.
• Do not rely on small estate affidavits for the house: North Carolina’s collection-by-affidavit procedure is for limited personal property and does not transfer real estate or protect occupancy.
• Sales and creditor rights: Transfers by heirs/devisees within two years of death can be affected by creditor rules if no notice to creditors is published; coordinate any sale with the personal representative.
• Possession orders require authority: Do not change locks or remove occupants until you have letters and, if contested, a clerk’s order granting possession; follow estate proceeding summons and service rules.

Talk to a Probate Attorney

If you need to open two estates, validate a handwritten will, confirm title to a home, or protect your right to stay there, our firm has experienced attorneys who can help you understand your options and timelines. Call us today to discuss your situation.

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.