Short Answer

In North Carolina, a guardian of the estate must file a petition with the Clerk of Superior Court to sell a minor’s real estate and show the sale is necessary or will materially promote the minor’s interests. If the Clerk authorizes the sale, it must follow judicial sale procedures (including a 10-day upset-bid period for private sales), and a Superior Court judge must confirm it because a minor owns an interest. File promptly and build time into your contract for confirmation and any upset bids.

Understanding the Problem

Can a North Carolina guardian of the estate sell a minor child’s inherited share of a townhouse when there is already a signed purchase contract and the closing date is near? Here, the minor co-owns the townhouse with an adult co-heir.

Apply the Law

In North Carolina, a guardian of the estate cannot convey a minor’s real estate without court approval. The guardian petitions the Clerk of Superior Court, who may authorize a public or private judicial sale if the transaction is necessary or will materially promote the minor’s interests. Private sales still use the judicial sale framework, which includes an upset-bid period, and any sale involving a minor’s property requires confirmation by a Superior Court judge before the deed is delivered. Venue and notice are handled through the special proceeding, and the court may address bond and conflict issues (including appointing a guardian ad litem) to protect the minor.

Key Requirements

• Proper party and venue: The guardian of the estate files a verified petition with the Clerk of Superior Court; if the land is in another county, follow the two-county certification process.
• Best-interest showing: The petition must show the sale is necessary for the minor or will materially promote the minor’s interests.
• Judicial sale procedure: The Clerk may authorize a public or private sale; private sales include a statutory upset-bid window before confirmation.
• Judge confirmation: Because a minor owns an interest, a Superior Court judge must confirm the sale before closing.
• Bond and proceeds: The court may require an increased guardianship bond; net proceeds must be safeguarded for the minor and accounted for in the guardianship.

What the Statutes Say

• N.C. Gen. Stat. § 35A-1301 (Guardian’s sale, mortgage, or exchange) – Clerk may authorize sale if necessary or materially promotes the ward’s interests; judge approval required for minors.
• N.C. Gen. Stat. § 1-339.36 (Upset bids in private sales) – Sets the 10-day upset-bid process after a report of private sale.
• N.C. Gen. Stat. § 1-339.28 (Confirmation of sale) – Requires judge confirmation when a minor or incompetent is interested in the property.
• N.C. Gen. Stat. § 28A-17-12 (Sales by heirs within two years) – Sales by adult heirs within two years of death may require the personal representative to join for validity as to creditors.

Analysis

Apply the Rule to the Facts: Your child’s guardian of the estate must petition the Clerk and show the negotiated sale is necessary or materially benefits the child (for example, avoiding carrying costs or converting an illiquid share to cash). Because a minor owns an interest, the sale must run through the judicial-sale framework: the Clerk can authorize a private sale consistent with your contract, but there will be an upset-bid window before a Superior Court judge can confirm the sale. The adult co-heir can sign their own deed; if the death was within two years, coordinate with any personal representative so the adult’s conveyance is valid as to creditors.

Process & Timing

1. Who files: Guardian of the estate (or general guardian). Where: Clerk of Superior Court in the North Carolina county where the property is located (use the statutory two-county process if different from the guardianship county). What: Verified petition for authority to sell the minor’s real property (requesting a private sale), proposed order, copy of the signed purchase contract, valuation (appraisal/CMA), proof of guardianship and bond. When: File immediately to allow for hearing, the 10-day upset-bid period, and judge confirmation.
2. Clerk sets a hearing; the court may appoint a guardian ad litem if there’s a potential conflict (for example, when the guardian is also a co-owner or parent). If approved, the Clerk enters an order authorizing a private judicial sale and may require an increased bond. You then file the required sale paperwork and run the statutory upset-bid period.
3. After the upset-bid period ends without a higher bid, obtain an order of confirmation and the Superior Court judge’s signature. The guardian executes the deed, closes, and deposits the minor’s net proceeds in the guardianship estate, followed by proper accounting.

Exceptions & Pitfalls

• If the estate still needs to sell the property to pay debts, a different decedent’s-estate sale procedure may apply; confirm the estate’s status before filing.
• Within two years of death, an adult co-heir’s deed may need the personal representative to join for validity as to creditors; coordinate early to avoid title issues.
• Private sales are still judicial sales with upset bids; negotiate contract deadlines and extensions to accommodate the court process and confirmation.
• If the property is in a different county than the guardianship, there is an added certification step before filing in the land’s county.
• Be prepared for bond increases and to segregate the minor’s proceeds; missing these steps can delay confirmation.

Talk to a Probate Attorney

If you’re facing a fast-approaching closing and need court approval to sell a minor’s inherited property, our firm can help you understand your options and timelines. Call us today at .

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.