What Happens to Your House When You Die in North Carolina?

It’s one of those questions nobody wants to think about — but everyone should. If you own a home in the Lake Norman area and something happens to you, what actually happens to that house?

The answer depends on a few things: how the property is owned, whether you have a will, and whether you’ve set up any estate planning ahead of time. It’s not always as straightforward as people assume, and there are some common misconceptions that can create real headaches for the people you leave behind.

In the video below, attorney Tiffany Webber walks through exactly how this works in North Carolina — from the different types of property ownership to what probate actually looks like and what your heirs need to know.

Watch the Full Video

Here are the key points, or you can watch the full video here for Tiffany’s complete breakdown.

It All Starts With How the Property Is Owned

Before anything else, you have to figure out how the property is titled. That one detail determines whether the home needs to go through probate or whether it transfers automatically. Generally speaking, property falls into one of two categories: probate assets and non-probate assets.

When the Property Transfers Automatically (Non-Probate)

Some forms of ownership allow property to pass directly to someone else without going through probate at all.

Tenancy by the Entirety

This is a form of ownership reserved for married couples in North Carolina. If you and your spouse own your home this way and one of you passes away, the surviving spouse becomes the full owner automatically. There’s no extra paperwork, no court process — it just happens by operation of law.

Joint Tenants With Rights of Survivorship

This works similarly, but it’s not limited to married couples. If you and a sibling own a property together as joint tenants with rights of survivorship and one of you passes, the surviving owner takes full ownership. Again, no probate needed.

Property Held in a Trust

If the home is owned by a trust, the trust agreement itself dictates what happens next. The trustee follows the instructions laid out in that document. The property doesn’t go through probate — it stays within the trust framework.

When Probate Is Involved

For everything that doesn’t fall into one of those non-probate categories, the property becomes part of the estate. This is where it matters whether or not you have a will.

If There’s a Will

Your will spells out who gets the property. Maybe it goes to your spouse, your kids, your grandchildren, or even a charity. Whatever you’ve decided is what happens — but the estate still has to go through the probate process to make it official and ensure clear title can be passed along.

If There’s No Will

Without a will, North Carolina’s intestate succession laws take over. The state has a specific order for who inherits based on your family situation — whether you have a surviving spouse, children, parents, or siblings. It can get complicated quickly, and the outcome may not match what you would have wanted.

Either way, when someone passes away, their heirs become vested in the property immediately. But the probate process still needs to be completed so that creditors can file claims, title can be cleared, and the heirs can eventually sell or transfer the property if they choose to.

How Long Does Probate Take?

It varies. In North Carolina, probate is handled through the clerk of court and involves a fair amount of paperwork and forms. For some estates, it can wrap up in about four months. For others — especially larger or more complicated ones — it can stretch past a year. Whether you hire an attorney, whether you live in-state, and the overall size of the estate all affect the timeline.

Common Misconceptions to Watch Out For

Tiffany addresses two big ones in the video that come up constantly:

The executor can just sell the house. A lot of people believe that when someone passes away, the executor of the estate can sell the property on their own. In North Carolina, that’s almost never the case. Unless the will contains very specific language — and out of nearly 10,000 closings, Tiffany says she’s seen that maybe once or twice — the heirs have to join in the sale. While the estate is open, the executor and the heirs both need to be involved. After the estate closes, only the heirs have the right to sell.

The deed updates automatically. It doesn’t. There’s no system where the county sees a death certificate and goes in to change the deed. In most cases, if you inherit a property, you may not even need to record a new deed. A title search will reveal the chain of ownership through the estate records. And if you owned property with your spouse and they pass away, you don’t have to go file a new deed showing yourself as the sole owner — there will be records to support your ownership.

Why This Matters for Lake Norman Families

Whether you’re in Mooresville, Huntersville, Denver, Davidson, Cornelius, or anywhere around the lake, your property is likely one of the biggest assets your family has. Understanding how it transfers — and taking steps now to make that process as smooth as possible — can save your loved ones a lot of stress, time, and money down the road.

Watch Tiffany’s full video for the complete explanation, including how each type of ownership works and what the probate process actually looks like in North Carolina.

Questions About Estate Planning or Inherited Property?

At Thomas & Webber, we handle both real estate closings and estate planning — which means we see firsthand how these two areas overlap. If you’ve recently inherited property, have questions about how your home is titled, or want to make sure your family is set up the right way, we’re here to help.

Our offices in Mooresville, Huntersville, and Denver serve families throughout the Lake Norman area, including Sherrills Ford, Troutman, Statesville, and beyond.

Give us a call: (704) 663-1600