Short Answer

In North Carolina, you recover by (1) presenting a written creditor claim to the estate within the statutory deadlines and (2) using the estate court to compel documents and protect the property if needed. Claims that arise after death must be presented within six months of when they accrue; pre‑death claims must be presented by the bar date in the published notice to creditors. If no deed was recorded, a handshake “sale” does not transfer title as to the estate or its creditors, and the personal representative can be ordered to secure the property and address unauthorized occupants.

Understanding the Problem

In North Carolina, can a property manager recover unpaid rent and utilities from a decedent’s estate or from an informal buyer when the home was “sold” but no deed was recorded? Here, unidentified people moved in and are remodeling, bills are piling up in the manager’s name, and the personal representative is not providing the purchase contract or title documents. The decision point is how to secure payment and documents through the estate process.

Apply the Law

North Carolina law requires creditors to present claims in writing, on time, and to the correct forum. A claim must identify the amount or item, the basis, and the claimant’s contact information, and it can be delivered to the personal representative or filed with the Clerk of Superior Court where the estate is pending. Claims that arose before death are barred if not presented by the date in the published notice to creditors (or, if you received personal notice, within 90 days of that mailing if later). Claims that arise after death are barred unless presented within six months of accrual (or within six months of when performance is due if based on a contract with the personal representative). The personal representative has authority—through the estate court—to take possession and control of estate real property and to eject unauthorized occupants. Any unrecorded handshake “sale” does not transfer title as against the estate or its creditors; within two years of death, heirs’ or devisees’ transfers generally require the personal representative’s joinder to bind creditors.

Key Requirements

• Written claim content: State the amount or item claimed (rent, utilities), the basis (management agreement, reimbursement, use and occupancy), and your contact information.
• Timely presentment: Meet the non‑claim deadlines—pre‑death claims by the bar date in the notice to creditors; post‑death claims within six months of accrual (or due date if contracted with the personal representative).
• Proper delivery: Deliver to the personal representative or file with the Clerk of Superior Court where the estate is administered.
• Follow‑on action if denied: If the personal representative rejects the claim in writing, you must file suit to enforce it within three months of that rejection.
• Property control and documents: Use an estate proceeding to have the Clerk order the personal representative to produce the purchase paperwork and to secure the real property (including ejecting unauthorized occupants).
• Title reality check: Without a recorded deed, a handshake “sale” does not pass title as to the estate or creditors; rent from occupation post‑death belongs to the property’s owners, and the personal representative can act to protect the asset.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-19-1 (Presenting claims) – Written claim, content, and how to present to the personal representative or clerk.
• North Carolina Gen. Stat. § 28A-19-3 (Non‑claim deadlines) – Bar dates for pre‑death and post‑death claims.
• North Carolina Gen. Stat. § 28A-19-16 (Action after rejection) – Three‑month deadline to sue after written rejection.
• North Carolina Gen. Stat. § 28A-13-3 (PR’s control of real property) – Personal representative’s power to obtain possession and eject occupants.
• North Carolina Gen. Stat. § 28A-15-12 (Recover property/examine persons) – Estate proceeding to compel documents or recovery.

Analysis

Apply the Rule to the Facts: Your utility charges accrued after death, so treat them as post‑death claims: present them within six months of when each bill accrued (or when due, if the personal representative contracted with you). Your unpaid rent claim stems from occupation after death without a recorded deed; since title did not pass by handshake, the personal representative can secure the property and address occupancy. If the personal representative rejects your claim or withholds documents, file an estate proceeding to compel production and consider a follow‑on civil action within three months of any written rejection.

Process & Timing

1. Who files: Property manager (as a creditor). Where: Estate file with the Clerk of Superior Court in the county where the estate is open. What: A written creditor claim stating amount, basis, and your contact information; deliver to the personal representative or file with the clerk. When: Pre‑death claims by the notice bar date; post‑death claims within six months of accrual; if rejected, file suit within three months of written rejection.
2. If documents are withheld or occupants remain: File a verified estate proceeding asking the Clerk to order the personal representative to produce the purchase contract/title documents and to take possession and control of the property, including ejecting unauthorized occupants. Hearings often occur within weeks, but timing varies by county.
3. Enforcement: If the personal representative does not comply or rejects your claim, pursue a civil action to enforce the claim within the statutory window. Expect an order directing production/possession in the estate proceeding and, separately, a judgment if you sue and prevail on a rejected claim.

Exceptions & Pitfalls

• If the personal representative contracted for services, those costs may be treated as administrative expenses with higher priority; if not, they are general claims paid after higher‑priority items and only if assets remain.
• Do not rely on a handshake “sale.” Without a recorded deed and proper joinder where required, title did not pass as to the estate or its creditors.
• Serving only the personal representative informally can create disputes; file your claim with the clerk or use certified mail and keep delivery proof.
• If your claim is rejected, the three‑month window to sue is strict; missing it can bar recovery even if the claim is otherwise valid.
• Occupants who were tenants of the decedent may require landlord‑tenant procedure; others can be addressed through the personal representative’s possession powers. Avoid self‑help removal.

Talk to a Probate Attorney

If you’re dealing with unpaid rent and utilities after an informal sale and need to force document production or action by the personal representative, 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.