Q: Father passed in April 2019. In North Carolina, is my father's residence a part of the probate process? Does the
Administrator of my father's estate have the authority to prevent any beneficiary from accessing the residence? And is the Administrator the final decision maker on the sale price of the residence, and do all the beneficiaries have to agree on the sale price of the residence, along with any settlement papers?
A:
The beneficiaries of the estate own any real property located in NC upon the death of the decedent, although the administrator can petition to bring the real property back into the estate if it is needed to pay the claims of creditors or costs of administration. Unless that is the case, the administrator has no authority over the property and wouldn't have any say in the sales price.
Evan Lohr
Attorney
(919)348-9211
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