§ 28A-15-2. Title and possession of property. - North Carolina Statutes

§28A‑15‑2.  Title and possession of property.

(a)        Personal Property.– Subsequent to the death of the decedent and prior to the appointment andqualification of the personal representative or collector, the title and theright of possession of personal property of the decedent is vested in hisheirs; but upon the appointment and qualification of the personalrepresentative or collector, the heirs shall be divested of such title andright of possession which shall be vested in the personal representative orcollector relating back to the time of the decedent's death for purposes ofadministering the estate of the decedent. But, if in the opinion of thepersonal representative, his possession, custody and control of any item ofpersonal property is not necessary for purposes of administration, suchpossession, custody and control may be left with or surrendered to the heir ordevisee presumptively entitled thereto.

(b)        Real Property. –The title to real property of a decedent is vested in his heirs as of the timeof his death; but the title to real property of a decedent devised under avalid probated will becomes vested in the devisees and shall relate back to thedecedent's death,  subject to the provisions of G.S. 31‑39. (1973,c. 1329, s. 3.)