Detailed Answer

When real estate passes to heirs under a will or by intestacy in North Carolina, each heir takes an undivided interest as tenants in common. If one co-owner refuses to cooperate in selling the property, the other heirs can file a partition action in Superior Court under the Partition of Real Estate Act, Chapter 46 of the North Carolina General Statutes.

Under N.C. Gen. Stat. § 46-21, any tenant in common may bring an action for partition in kind (physical division of the property) or, if that proves impractical or unfair, a partition by sale. The court evaluates whether it can divide the land equitably. If not, it orders a public auction under N.C. Gen. Stat. § 46-22. A court-appointed commissioner conducts the sale and distributes net proceeds in proportion to each heir’s share pursuant to N.C. Gen. Stat. § 46-23.

Key points in a partition action:

• Tenants in common each hold a discrete percentage of ownership.
• The court prefers division in kind, but orders a sale when physical division proves inequitable.
• Co-owners can agree on a buy-out to avoid auction costs.
• Court costs, commissioner fees, and appraisal expenses apply and reduce net proceeds.
• Typical timeline runs six to twelve months, depending on court schedules.

Filing a partition action forces resolution even when one co-owner resists. The process ensures a fair market sale and distributes proceeds according to each heir’s legal share.

Key Steps to Force a Sale of Inherited Property

• Confirm heirship and obtain certified copies of the will or intestacy docket.
• Verify each heir’s ownership percentage through title search.
• Retain an attorney experienced in North Carolina probate and real estate matters.
• File a complaint for partition in the county Superior Court where the property lies.
• Serve all co-owners and any other interested parties with the complaint and summons.
• Attend initial court hearing; the judge may order mediation or appointment of a commissioner.
• Present evidence of property value and attempt a negotiated buy-out if possible.
• Proceed to public auction under court supervision if co-owners cannot agree.
• Receive and divide net proceeds according to shares under N.C. Gen. Stat. § 46-23.