Short Answer

In North Carolina, real estate generally vests in heirs or devisees at death, but the personal representative can manage or sell it if needed to pay claims. For a half interest that the decedent owned but remains titled in a relative’s name, list it on the inventory and take steps to clear title. That usually means recording the will and probate order in the county where the land sits or, if necessary, petitioning the Clerk of Superior Court for possession/control and authority to sell or partition.

Understanding the Problem

In North Carolina, as executor with letters testamentary, can you list and administer a half interest in inherited real property that still shows a relative’s name on the deed when your inventory is due soon? The issue is whether the decedent truly owned a share at death and, if so, how you report it and clear title in time to manage the estate.

Apply the Law

Under North Carolina law, title to non-survivorship real estate passes at death to heirs (if no will) or devisees (under a probated will). The personal representative may take possession, custody, and control of real property when doing so is in the best interest of administering the estate, and may seek court authority to sell if funds are needed to pay debts. Your inventory is due within three months of qualification and should classify real property correctly and describe it with enough detail for the clerk.

Key Requirements

• Confirm ownership: Verify the decedent actually owned a half interest (review deeds, prior probate filings, tax records, and the will).
• Classify on the inventory: If the decedent owned a non-survivorship interest, list it on AOC‑E‑505; commonly as real property that can be added to the estate to pay claims.
• Record probate in the property county: Record a certified copy of the will and order of probate in each North Carolina county where the land lies to reflect the transfer at death.
• Seek control if needed: If you need to manage, secure, or sell the property, petition the Clerk of Superior Court for possession, custody, and control.
• Authority to sell or partition: If estate liquidity is needed, file a petition to sell real property to create assets; consider partition if co-owners will not cooperate.

What the Statutes Say

• North Carolina Gen. Stat. § 28A‑20‑1 (Inventory due in three months) – Sets the deadline and scope of the estate inventory.
• North Carolina Gen. Stat. § 28A‑15‑2 (Vesting of property at death) – Real property vests in heirs or devisees; title relates back to date of death after probate.
• North Carolina Gen. Stat. § 28A‑13‑3 (PR powers—possession, custody, control) – Allows a petition to take possession/control when in the estate’s best interest.
• North Carolina Gen. Stat. § 28A‑17‑1 (Sale of land to make assets) – Establishes the proceeding to sell real property to pay debts/claims.

Analysis

Apply the Rule to the Facts: As executor with letters, you must file an inventory within three months of qualification. If the decedent owned a half interest at death (not with survivorship), list it on AOC‑E‑505 with a clear description and date‑of‑death value, typically as property available to be added to pay claims. Because the deed still shows a relative’s name, record the probated will and order in the property county to reflect vesting, or seek an order for possession/control if you need to manage or sell. If estate funds are needed to cover medical bills and other claims, petition to sell the interest.

Process & Timing

1. Who files: Personal representative. Where: Clerk of Superior Court in the county of estate administration (inventory) and in the county where the land sits (recording; any real‑property petitions). What: File the INVENTORY FOR DECEDENT’S ESTATE (AOC‑E‑505); record a certified copy of the will and probate order; if needed, a verified petition for possession, custody, and control (G.S. 28A‑13‑3(c)) and a petition to sell land to make assets (G.S. 28A‑17‑1). When: Inventory due within three months of qualification; request an extension from the clerk if needed.
2. After recording probate in the property county, update tax records and secure the property. If you filed a petition for possession/control or sale, the clerk sets a hearing; timelines vary by county, often several weeks.
3. With an order, take control, market the property if authorized, and complete any court‑supervised sale. File any required reports and account for proceeds in the estate administration.

Exceptions & Pitfalls

• If the prior deed created a right of survivorship, the decedent may not have owned a probate interest—confirm deed language before listing.
• Misclassifying real property on the inventory can cause confusion; use the category for real estate that can be added to the estate to pay claims when appropriate.
• Failing to record the probated will/order in the property county leaves title unclear and can delay sales or refinances.
• Sales by heirs/devisees within two years of death can be void as to creditors unless the personal representative joins after notice to creditors—coordinate any sale through the estate process.
• For contested ownership or a deed still in a living relative’s name, consider an action to recover estate property and name all necessary parties; service and notice defects can derail relief.

Talk to a Probate Attorney

If you’re dealing with a half interest in inherited real estate that’s still titled in a relative’s name, 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.