Legal Question in Wills and Trusts in North Carolina

No, there is no penalty. Estates cannot be opened sooner than 30 days of death. If an estate is not probated, then the heirs cannot sell any real property unless an estate is probated and the executor joins in the disposition within 2 years of death. After 2 years and the heirs can sell the property without the need of an executor.

Generally, estates should be probated as soon as possible. You can do it after 2 or 3 years, but it depends on what assets and debts are there and whether any probate would be justified. It might not be, but only a lawyer can evaluate the situation.

You should consult an estate & probate lawyer in the county where the person who died lived at the time of his or her death.