Short Answer

In North Carolina, the deed controls. If your mom and stepfather held the home as spouses with a built-in right of survivorship (tenancy by the entirety), your stepfather became the sole owner at her death; otherwise, each owner’s share passed by will or intestacy. To confirm and secure ownership, you must (1) verify how the deed was titled, (2) probate your mom’s handwritten will if her share did not pass by survivorship, (3) open and administer your stepfather’s estate, and (4) record the right documents so title and your right to possess the home are clear.

Understanding the Problem

In North Carolina, can I, as the only child of my late mother, use her handwritten will to secure my right to remain in the house she and my stepfather owned, after my stepfather later died without probate? This question turns on a single decision point: what the deed says about how they co-owned the property, because that determines whether the house passed by survivorship or through probate.

Apply the Law

North Carolina treats co-owned real estate differently depending on the deed. When a married couple takes title, it is usually tenancy by the entirety, which carries automatic survivorship—on the first spouse’s death, the survivor owns the whole house, and the deceased spouse’s will does not control that property. If the deed created a different form—joint tenancy without survivorship or tenancy in common—each owner’s share passes by will (if probated) or by intestacy. Real property not passing by survivorship vests in heirs or devisees at death, and the Clerk of Superior Court handles probate. To protect title against creditors and purchasers, wills should be probated and recorded where the land lies within two years after death.

Key Requirements

• Confirm deed form: Get the recorded deed. If it shows a married couple taking title, it is typically tenancy by the entirety (survivorship). Other wording may indicate joint tenancy (with or without survivorship) or tenancy in common.
• Probate any nonsurvivorship share: If your mom’s interest did not pass by survivorship, probate her handwritten (holographic) will so her share vests in the named devisee.
• Open your stepfather’s estate: If survivorship made him sole owner, his interest now passes by his will (if any) or intestacy; someone must qualify to administer his estate.
• Record to perfect title: File certified probate documents in the county where the house is located to place the transfer in the land records and protect against third parties.
• Secure possession if needed: A qualified personal representative can seek a Clerk’s order to take possession, custody, and control of the real property when that benefits estate administration.

What the Statutes Say

• North Carolina Gen. Stat. § 39-13.6 (Tenancy by the entirety) – Married couples typically take title with survivorship unless the deed says otherwise.
• North Carolina Gen. Stat. § 41-2 (Joint tenancy) – Survivorship in joint tenancy exists only if expressly stated; otherwise a deceased owner’s share passes by will/intestacy.
• North Carolina Gen. Stat. § 31-3.4 (Holographic wills) – A handwritten will can be valid if entirely in the testator’s handwriting and signed.
• North Carolina Gen. Stat. § 28A-15-2 (Vesting of title) – Title to nonsurvivorship real estate vests in heirs or devisees at death (will devises relate back once probated).

Analysis

Apply the Rule to the Facts: First, the deed decides the path. If your mom and stepfather held the house as a married couple by the entirety, your stepfather became sole owner when she died; your mom’s handwritten will would not control that house, and you would look to your stepfather’s estate for ownership. If the deed shows no survivorship (e.g., tenants in common), then probate your mom’s holographic will so her share vests in you, and record that probate in the county where the house sits to fix the chain of title.

Process & Timing

1. Who files: You (as interested party). Where: Clerk of Superior Court, Estates Division, in the North Carolina county of each decedent’s domicile. What: For your mom, file the original handwritten will with an Application for Probate and Letters (AOC-E-201) or Application for Probate without Qualification (AOC-E-199), plus a certified death certificate. For your stepfather, apply for Letters of Administration (AOC-E-202) if he left no will. When: There is no strict time limit to offer a will, but to protect real estate against creditors and purchasers, probate and record certified copies in the county where the land lies within two years of death.
2. After admission of the will (or qualification as administrator), obtain certified copies of the Certificate of Probate/Letters. Record the certified probate documents in the Register of Deeds for the county where the house is located. If survivorship applied at your mom’s death, record her death certificate to document the stepfather’s sole ownership, then proceed through his estate.
3. If you need to control occupancy for estate administration (e.g., to stop a lockout or secure the premises), the personal representative may petition the Clerk for an order authorizing possession, custody, and control of the real property. The expected outcome is recorded documents establishing who holds title and, if needed, a court order confirming the PR’s right to possess while administering the estate.

Exceptions & Pitfalls

• Tenancy by the entirety overrides a will for the home; the survivor owns all at the first spouse’s death. Do not assume a will controls the house without checking the deed.
• Stepchildren do not inherit by intestacy from a stepparent. If your stepfather died without a will as sole owner, his heirs are determined by statute, and you may need court appointment simply to administer and clarify title.
• Failing to record certified probate documents in the county where the land is located can leave gaps in the chain of title and reduce protection against third parties.
• Skipping notice to creditors in your stepfather’s estate can complicate sales or transfers within two years of death. Publish and give required notices after qualifying.
• Self-help lockouts can backfire. Use the personal representative’s authority and, if needed, a Clerk’s order to lawfully secure possession during administration.

Talk to a Probate Attorney

If you’re dealing with competing claims to a North Carolina home after both co-owners have died, 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.