Short Answer

In North Carolina, a personal representative (administrator) may manage and sell estate assets, but only assets that actually belong to the estate. If property is not part of the estate—such as a home you own by right of survivorship—the administrator has no automatic right to enter or remove items without a court order. You can petition the Clerk of Superior Court to (1) compel a timely inventory, (2) decide what belongs to the estate, (3) order the return of property, and (4) restrict or supervise the administrator’s access. In urgent cases, a separate civil action can seek a restraining order to stop disposal.

Understanding the Problem

You are asking what steps you can take in North Carolina probate when an estate administrator is entering a property and removing or threatening to remove items without your consent. You are the sole surviving joint owner of the house with survivorship, and the administrator is asserting a right to enter and inventory the house but has not signed the inventory. You want to protect boxed items from unauthorized removal.

Apply the Law

Under North Carolina law, an administrator controls estate assets, must file an inventory within three months of qualifying, and must preserve estate property. Real property typically passes outside the estate to heirs or devisees at death, and an administrator needs a court order to take possession of real property that did not vest in the estate. Any interested person may ask the Clerk of Superior Court to determine whether items are estate property and to order their return. The administrator may sell estate personal property without a court order, but only after it is properly identified as part of the estate and subject to accounting.

Key Requirements

• Is it estate property? Real property held with survivorship usually passes to the survivor; nonprobate assets (like many life insurance benefits) are not estate assets.
• Authority to possess real property: An administrator needs a court order to take possession of real property that did not vest in the estate.
• Inventory duty: The administrator must file a sworn inventory within three months and supplement it as needed.
• Recovery/return orders: Any interested person can petition the Clerk to identify estate property and order return of wrongly held items; orders are enforceable by contempt.
• Emergency relief: If assets are being removed or sold, a separate civil action can seek a temporary restraining order or injunction.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – Includes possession/control of assets and when court orders are required for real property.
• North Carolina Gen. Stat. § 28A-15-12 (Actions to recover decedent’s property) – Allows petitions before the Clerk to identify and recover estate property; enforceable by contempt.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory within three months) – Requires a 90‑day inventory.
• North Carolina Gen. Stat. § 28A-20-2 (Failure to file inventory) – Clerk may compel, hold in contempt, or remove the administrator for noncompliance.

Analysis

Apply the Rule to the Facts: Because you are the surviving joint owner of the house with survivorship, the home typically did not become an estate asset. The administrator has no automatic right to enter or control that real property without a court order. If the administrator is removing boxed items, you can petition the Clerk to decide which items are estate property, order their return, and restrict access. If the inventory is overdue or incomplete, ask the Clerk to compel a proper 90‑day inventory and, if needed, increase the bond.

Process & Timing

1. Who files: You (as an interested person/surviving joint owner). Where: Clerk of Superior Court (Estates Division) in the North Carolina county where the estate is pending. What: File an estate proceeding petition (with an Estate Proceeding Summons) to (a) determine what is estate property and order return; (b) compel the 90‑day inventory; and (c) request a protective order restricting or supervising access. When: File immediately if items are at risk; the inventory is due within three months of the administrator’s qualification.
2. After filing, the Clerk issues the summons and schedules a hearing. The Clerk can order the administrator to file a compliant inventory within at least 20 days, set supervised access to the premises, and adjust the bond to protect assets.
3. If urgent restraint is needed (e.g., sales are imminent), file a separate civil action in Superior Court seeking a temporary restraining order/injunction while the estate proceeding is pending. Expect a written order identifying estate vs. non‑estate property and directives for return or access.

Exceptions & Pitfalls

• Real property with survivorship generally passes outside the estate. Do not assume the administrator can enter or control it without a court order.
• An administrator may sell estate personal property without a court order, so document what belongs to you and label/photograph boxes to avoid disputes.
• Do not rely on self-help alone (e.g., changing locks) if estate assets are inside; request supervised access or a protective order from the Clerk.
• Proper service is required. Ensure respondents receive the Estate Proceeding Summons per Rule 4 so orders are enforceable.
• Life insurance payable to a named beneficiary usually is not an estate asset. If you believe you are a beneficiary but lack details, request information from the insurer or use policy locator tools; if the policy names the estate, it should appear on the inventory.

Talk to a Probate Attorney

If you’re dealing with an administrator removing property or entering a home you own by survivorship, 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.