Short Answer

In North Carolina, you may offer a will for probate even years after death. To clear title, file the original will with the Clerk of Superior Court in the proper county and either (a) probate the will without qualifying as personal representative if you only need title to pass to the devisee, or (b) qualify and obtain Letters Testamentary if you need authority to sign an executor’s deed. You must then record certified probate documents in the county where the land lies; sales within two years of death have extra rules.

Understanding the Problem

In North Carolina, can an executor open probate now to clear title to a house that is still in a parent’s name from a 2018 death when the will was never filed? The actor is the named executor. The action is to probate the will and obtain authority or documentation to update the deed. The trigger is the need to transfer or sell real estate now, despite the delay since death.

Apply the Law

North Carolina allows a will to be probated long after death; there is generally no deadline to offer a will for probate. You file in the Clerk of Superior Court (Estates Division) in the decedent’s county of domicile. If the only goal is to pass title to real estate under the will, you can probate the will without qualifying as personal representative. If you need signing authority for a deed (for example, to sell), you qualify as executor and obtain Letters Testamentary. North Carolina law also protects purchasers and lien creditors when a will is probated more than two years after death; prior transactions by intestate heirs may be honored against the will. After probate, record certified copies of the probated will and the certificate of probate in the county where the land is located to update the chain of title. If you qualify as executor, publish a notice to creditors and observe the claim period before final distribution.

Key Requirements

• Offer the will for probate in the proper county: File the original will and an application; the Clerk acts as probate judge.
• Choose the right path: Probate without qualification (AOC‑E‑199) if you only need title to pass; or apply for Letters Testamentary (AOC‑E‑201) if you must sign an executor’s deed.
• Two-year purchaser/lien creditor rule: If probate occurs more than two years after death, prior bona fide purchaser or lien creditor rights from heirs may prevail against the will.
• Record in the land’s county: After probate, record certified copies of the will and certificate of probate where the real property lies to clear the chain of title.
• Notice to beneficiaries and creditors: Clerk mails notice to will beneficiaries upon probate; if you qualify, publish creditor notice and allow claims (generally a 90‑day period from first publication).
• Deed authority: If selling or transferring by executor, rely on the will’s power of sale and your Letters; otherwise, title passes to the devisee through the probated will and recording.

What the Statutes Say

• Offer of will for probate (G.S. 28A‑2A‑1) – Who may offer a will and when.
• Effect of late probate as to purchasers/lien creditors (G.S. 31‑39) – Protects certain third parties if probate occurs after two years.
• Recording probated will in other counties (G.S. 28A‑2A‑13) – Record certified copies where the land is located.
• Sales by heirs/devisees within two years (G.S. 28A‑17‑12) – Validity of transactions relative to creditor notice and estate administration.

Analysis

Apply the Rule to the Facts: Because the death occurred in 2018, you can still probate the will now. If no heirs conveyed the property to a purchaser or created liens in the two years after death, probating and recording the will will typically clear title to the devisee. If you need to sign a deed (for example, to sell), qualify for Letters Testamentary and rely on the will’s sale power; then execute and record an executor’s deed. If you, as executor, are also the devisee, recording certified probate documents usually cures the chain.

Process & Timing

1. Who files: The named executor. Where: Clerk of Superior Court (Estates Division) in the decedent’s North Carolina county of domicile; if the decedent was a nonresident with North Carolina land, proceed in the North Carolina county where the land lies using a certified/exemplified foreign will if applicable. What: Either AOC‑E‑199 (Application for Probate Without Qualification) or AOC‑E‑201 (Application for Probate and Letters Testamentary), plus the original will and evidence of death. When: No fixed deadline to offer the will; if you qualify, publish creditor notice promptly and allow the statutory claim period (generally 90 days from first publication).
2. The Clerk admits the will to probate (common form in most cases), mails notices to known beneficiaries, and—if requested—issues Letters Testamentary (AOC‑E‑403). Time to issuance varies by county; many files are issued the same day if complete.
3. Land record step: Record certified copies of the probated will and the certificate of probate (and Letters, if any) with the Register of Deeds in the county where the real property is located. If selling, execute and record an executor’s deed consistent with the will’s authority.

Exceptions & Pitfalls

• If heirs conveyed or encumbered the land within two years after death, late probate may not defeat a bona fide purchaser or lien creditor.
• Failing to record certified probate documents in the county where the land lies can leave a gap in title.
• If you need to sign a deed but do not obtain Letters, you may lack authority; qualify if an executor’s deed is required.
• Bonds may be required unless the will waives bond or the Clerk excuses it; confirm at filing.
• For nonresident decedents, use ancillary procedures or a certified/exemplified foreign will that meets North Carolina execution/recognition rules.
• Medicaid estate recovery or other known creditor claims should receive mailed notice during the creditor period to avoid later disputes.

Talk to a Probate Attorney

If you need to probate a will from 2018 to clear North Carolina real estate title, our firm can help you choose the fastest, cleanest path and avoid title pitfalls. 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.