Short Answer

The first step is to confirm the chain of title and identify every current owner. In North Carolina, real estate passes at death to the heirs (if no will) or to the devisees (if there is a probated will), so you start by pulling the recorded deed(s), checking probate records for a will, and applying North Carolina’s intestate succession rules if there is no will. Once you know who owns what share, you can decide whether to move forward with a partition action if co-owners cannot agree.

How North Carolina Law Applies

Ownership of North Carolina real estate turns on two questions: (1) how the last deed put title of record, and (2) how title passed at your grandfather’s death. By statute, if your grandfather died without a will, title to his nonsurvivorship real property vested in his heirs at the moment of death based on North Carolina’s intestate succession rules. If he left a will, title vests in the named devisees once the will is probated and that vesting relates back to the date of death. To determine today’s owners, you gather the deeds and tax records for the property, check for any probate filings or will, and, if there is no will, build the family tree and apply the intestacy rules to calculate each heir’s share. With a complete owner list, you can then evaluate a partition proceeding if needed to divide or sell the land.

Key Requirements

• Confirm the chain of title. Pull the most recent deed and any earlier deeds, review the legal description, and confirm the parcel in county tax records. This shows who last held record title and whether there are liens.

• Check for a will and probate. If a will was probated, the devisees named in the will take title; if no will was probated, presume intestacy and identify heirs as of the date of death. A will must be probated to pass title to devisees.

• Apply intestate succession if no will. Determine whether your grandfather left a surviving spouse, children or descendants, parents, or siblings. Spousal shares in real property vary depending on whether the decedent left children or parents. Then allocate undivided interests accordingly among the heirs.

• Identify all necessary parties. For any future partition filing, all co-owners (including minors or unknowns) must be named and served. If some heirs are unknown or cannot be located, the court can use service by publication and appoint a guardian ad litem to represent them.

• Watch the two-year rule for recent transfers. Sales or mortgages by heirs within two years of death can be void as to creditors unless certain steps are taken; this can affect who truly owns marketable title.

Process & Timing

1. Collect records. Get the latest deed(s), prior deeds if needed, tax card, GIS map, and any estate file materials (will, application for probate and letters, or confirmation that no estate was opened).

2. Confirm death and family tree. Obtain a death certificate if available. List spouse, children, and descendants; if none, list parents and siblings; continue per intestacy rules.

3. Determine owners and shares. If there is a probated will, list the devisees. If not, apply intestate succession to allocate undivided shares among heirs as of the date of death. Note any later deeds from heirs that changed ownership.

4. Resolve unknowns. If heirs are unknown or cannot be located, consider an estate proceeding to address unknown heirs and, if necessary, service by publication and guardian ad litem appointment.

5. Prepare for partition (if needed). If co-owners cannot agree on use or sale, file a partition special proceeding under Chapter 46A with the Clerk of Superior Court in the county where the land sits. The petition identifies the property, lists all co-owners with last-known addresses, and requests partition in kind or by sale. The clerk will ensure proper service; the court may appoint commissioners and, if division is impracticable, order a sale with proceeds split by ownership shares.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2: Explains that real property vests in heirs at death if no will, or in devisees when the will is probated, relating back to the date of death. This is the core rule for identifying who took title when your grandfather died.
• North Carolina Gen. Stat. § 31-39: States that a will must be probated to pass title to real property. If a will exists but was never probated, you must address probate before relying on devisees’ title.
• North Carolina Gen. Stat. § 29-14, § 29-15, and § 29-16: Set out intestate succession, including the surviving spouse’s share of real property and how to compute shares among children and other relatives when there is no will.
• North Carolina Gen. Stat. Chapter 46A (Partition): Governs partition proceedings, including filing with the clerk, necessary parties, commissioners, and partition in kind or by sale. You use these procedures if co-owners cannot agree.
• North Carolina Gen. Stat. § 28A-22-3: Provides a process to address unknown heirs in an estate-related proceeding, including service by publication and appointment of a guardian ad litem. Helpful when ownership cannot be fully determined from family records.
• North Carolina Gen. Stat. § 28A-17-12: Addresses the validity of sales, leases, or mortgages by heirs or devisees within two years of death and the effect of creditor notice—important for evaluating marketable title and recent transfers.

Exceptions & Pitfalls

• Assuming the spouse gets everything. In North Carolina, a surviving spouse’s share of real property depends on whether the decedent had children or living parents. Verify the correct share before calculating interests.

• Skipping probate of a will. A will does not transfer real estate to devisees until it is probated. If a will exists, probate it before relying on devisee ownership.

• Missing owners. Failing to identify and include all heirs, devisees, or assignees can derail a partition. Orders generally do not bind non-parties. Track down addresses; use publication and a guardian ad litem when heirs are unknown.

• Two-year creditor rule traps. Transfers by heirs within two years of death can be void as to creditors unless statutory requirements are met. This can cloud title and affect who “legally owns” until creditor issues resolve.

• Overlooking liens and life estates. Mortgages, judgments, or a surviving spouse’s life estate election can affect practical control and value. Check the estate file and public records.

Helpful Hints

• Order a professional title search for the last 30–40 years to catch older deeds, boundary changes, and liens.
• Pull the county estate file to see if a will was probated or if anyone has already identified heirs; if not, build a simple family tree with dates of birth/death.
• Match the parcel ID and legal description across deeds, tax cards, and GIS to avoid mixing up adjoining tracts.
• If heirs are missing or out of state, expect to use service by publication and a guardian ad litem before a partition can proceed.
• If you recently bought from an heir within two years of death, confirm whether a personal representative joined the deed or whether creditor notice was published.

Talk to a Partition Action Attorney

If you’re trying to confirm who owns shares of family land and may need a partition, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney–client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.