Short Answer

In North Carolina, an unmarried long-term partner does not inherit under the intestacy laws and does not have automatic priority to serve as estate administrator. You can still protect your interests by acting as an “interested person” if you are a creditor, co-owner, or otherwise affected. You may petition the Clerk of Superior Court to compel an inventory and accounting, challenge the administrator’s actions, seek increased bond, examine people holding estate property, or request removal of the administrator for cause.

Understanding the Problem

You want to know what you can do in North Carolina probate when your long-term partner died without a will, and the partner’s sibling became administrator without telling you. Can you participate, get information, and stop any improper sales or transfers?

Apply the Law

Under North Carolina intestacy, only legal heirs inherit; an unmarried partner is not an heir. Priority to serve as administrator typically goes to the spouse, then heirs, followed by other relatives or suitable persons. The Clerk of Superior Court can issue letters of administration without prior notice to people who do not have equal or higher appointment priority. Even so, an “interested person” (such as a creditor or someone affected by estate property) may file estate petitions with the Clerk to compel reports, examine persons believed to hold estate assets, or seek removal of the administrator for breach of duty. The administrator must file an inventory with the Clerk and later file accounts; failure can be compelled and sanctioned.

Key Requirements

• No automatic inheritance for an unmarried partner: Only legal heirs take under intestacy; cohabitation alone does not create heirship.
• Standing as an interested person: You can act if you are a creditor, co-owner, or otherwise materially affected by the estate’s administration.
• Forum and venue: File petitions with the Clerk of Superior Court in the county where the decedent was domiciled.
• Administrator reporting duties: Inventory due shortly after qualification and annual/final accounts thereafter; you may move to compel.
• Oversight and remedies: Petition to examine persons holding estate property, request increased bond, or seek removal for cause if duties are breached.

What the Statutes Say

• North Carolina Gen. Stat. § 29-15 (Intestate succession classes) – sets who inherits when there is no will; unmarried partners are not listed heirs.
• North Carolina Gen. Stat. § 28A-4-1 (Priority for appointment) – establishes who has priority to serve as administrator.
• North Carolina Gen. Stat. § 28A-20-1 (Inventory deadline) – requires the administrator to file an inventory with the Clerk.
• North Carolina Gen. Stat. § 28A-15-12 (Recovering estate property) – allows an interested person to seek examination and recovery of estate property.

Analysis

Apply the Rule to the Facts: Because you were not married to the decedent, you are not an heir and do not inherit by default. The sibling’s qualification as administrator without notifying you can be proper, because the Clerk typically notifies only those with equal or higher priority. If you are a creditor (for example, the decedent owed you money) or a co-owner, you can petition the Clerk to compel an inventory and accounting, examine anyone believed to hold estate property, and, if needed, seek removal for misconduct. If you co-owned any account or property with survivorship rights, that asset may pass outside probate.

Process & Timing

1. Who files: You, as an interested person (e.g., creditor or co-owner). Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: A verified petition to compel inventory/accounting and, if warranted, a petition to examine persons holding estate property; initiate with an Estates Proceeding Summons (AOC‑E‑102). When: File promptly; the administrator’s inventory is due within about three months of qualification.
2. If the inventory or account is late or incomplete, request an order compelling compliance; the Clerk can order filing, hold a hearing, and impose remedies (including removal) if the administrator fails to comply. County timelines vary.
3. If you have evidence of misuse or conflict, file a petition to remove the administrator and request a successor. The Clerk can order turnover of assets and a final accounting from the removed administrator.

Exceptions & Pitfalls

• Unmarried status: Cohabitation alone does not create heirship or spousal allowances; you must base standing on creditor status, co-ownership, or another concrete interest.
• Claims bar: If you are a creditor, present your claim within the deadline stated in the published Notice to Creditors; late claims can be barred.
• Nonprobate assets: Joint accounts with survivorship or beneficiary‑designated assets usually pass outside probate; the administrator may still pursue certain nonprobate assets to pay estate debts in limited circumstances.
• Notice and service: Estate petitions require proper filing and service; use the Clerk’s process and forms to avoid delays.
• Bond protection: If you fear loss, request an increased bond or other safeguards; sureties can be liable for covered breaches if the administrator mismanages assets.

Talk to a Probate Attorney

If you’re dealing with an intestate estate where a relative qualified without notice and you’re worried about asset sales or lack of transparency, 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.