My mother passed away without a will. Mom lived in NC and I know that with her real property, title to the land vests in the heirs and passe...

Question

My mother passed away without a will. Mom lived in NC and I know that with her real property, title to the land vests in the heirs and passes outside the administered estate. Is that also true of her house that sits on that land or is the house considered a probated asset?

Answer

Is the house a stick built house or a mobile home that has been affixed to the land and the certificate of title cancelled? If so, then the house is considered part of the land and will pass to the heirs.

But just because there is no will does not mean there does not have to be a probate. You do not address when mother died, what other assets she had or what other debts or anything which would be relevant.

Also, the heirs can do nothing with the land for 2 years after your mother's death unless an estate is probated and the executor is notified.

Please consult a probate attorney who practices in the county in which your mother lived at the time of her death. The fact that you are asking a basic question like this tells me that you do not know what you are doing and I am afraid that you are going to make mistakes unless you at least consult with a lawyer and allow him/her to review your situation in depth.