Answer

Since the house belong to dad, he has the right to exclude anyone from coming onto his property to remove your mother's things. Otherwise, since there was no will, you can petition the court to be appointed the administrator of your mother's estate. The court will give you an order, called "letters of administration" which will give you legal authority to handle your mother's property.

To be appointed you would need to file the application for appointment of administration [form AOC-E-432]

Forms you would need:

§ 01_Estate North Carolina Estate Procedure Pamphlet For Executor, Administrator,

AOC-E-200 (Rev. 7/06) Renunciation Of Right To Qualify For Letters Testamentary Or Letters Of Administration
§ F AOC-E-201 (Rev. 4/08) Application For Probate & Letters - Testamentary/Of Administration CTA
§ AOC-E-201 Instructions Instructions For Preliminary Inventory Of Application
(Rev. 4/08) For Probate & Letters
§ F AOC-E-202 (Rev. 7/06) Application For Letters Of Administration
§ AOC-E-202 Instructions Instructions For Preliminary Inventory Of Application
(Rev. 7/06) For Letters Of Administration
§ F AOC-E-203 (Rev. 3/07) Affidavit For Collection Of Personal Property Of Decedent - Intestate/Testate
§ AOC-E-203 Instructions Instructions For Preliminary Inventory Of Affidavit For
(Rev. 7/06) Collection Of Personal Property Of Decedent
§ F AOC-E-204 (Rev. 5/98) Affidavit Of Collection, Disbursement & Distribution
§ F AOC-E-205 (Rev. 5/98) Application For Letters Of Trusteeship Under Will
§ F AOC-E-206 (Rev. 4/08) Application For Letters Of Guardianship Of the Estate Limited Guardianship Of The Estate Guardianship Of The Person Limited Guardianship Of The Person General Guardianship Limited General Guardianship For An Incompetent Person
§ F AOC-E-207 (Rev. 3/07) Inheritance And Estate Tax Certification

http://www.nccourts.org/Forms/Documents/formlist_1004.pdf

You can access each form in the link below. Under form number, enter the AOC number, click search to pull up the forms.

http://www.nccourts.org/Forms/FormSearch.asp


In the alternative you can visit your local probate court to see if they have the packet or visit your local law library for books on how to do this yourself.

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Answered:	11/4/2009

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