QUESTION

Parents deceased. Lived in NY. Owned house in NC, only asset. How do I transfer title of house to estate?

Asked on Feb 02nd, 2017 on Trusts and Estates - North Carolina
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1 ANSWER

Maryellen Sullivan
You do not have to transfer title of the house to the estate.  In North Carolina, the law transfers ownership of real estate at the time of death to the heirs or the devisee of the real estate under the Will.  So, either you (and your siblings, if any) are considered the owners now in NC or whomever your parents gave the house to in their Will is the owner.    While title need not be changed right away, someone will want to get legal authority in NC so that he or she can transfer, refinance, or sell the house.  This requies filing probate in North Carolina. The first step is to determine whether one or both of your parents' estates need to be probated.  This depends on how they owned the property, which is in the language of their deed.  If they owned the NC house as joint tenants or tenants by the entirety, the surviving spouse owned the house and only that parent's estate needs to be probated.  If they owned the NC house as tenants in common, then each parent owned an interest in the house and each estate must be probated.  Check the language in their deed to determine which form of ownership applies.   A Will for an estate requiring probate must be filed in NC with the clerk of the Superior Court for the county where the land is located.  Depending on the language in your parents' Wills, you may be able to transfer the property as their heir or you may be required to gain appointment as personal representative of their estate to do so.  There also is a process whereby creditors are notified of your parents' deaths and given a deadline for presenting claims against their estates.  The forms to begin NC probate are available online at www.nccourts.org/forms.   There are a lot of nuances in this case and NC law regarding real property is quite different than other states, so you may want to seek the assistance of an NC attorney who practices in this area.  Goodl luck.       You can file court-certified copies of your appointment as executor with the NC probate court and they will recognize this appointment such that you have legal authority over any estate property in NC.  This is called ancillary probate.  
Answered on Feb 05th, 2017 at 6:04 AM

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