What happens if some co-heirs won’t consent to a sale by owners in common? – North Carolina Short Answer In North Carolina, co-heirs who hold property as tenants in common cannot force a private sale of the entire property without every owner’s signature. Within two years of death and before the estate’s final account is…
Can I draft a right of first refusal agreement for a buyer who isn’t yet pre-approved? – North Carolina Short Answer Yes, but only within tight limits. In North Carolina, a right of first refusal (ROFR) on heirs’ property binds the whole parcel only if all co-owners sign—and during an open estate, the personal representative…
How can I sell my inherited interest in property outside the estate without using a realtor? – North Carolina Short Answer In North Carolina, you can sell your undivided inherited interest without using a realtor, but the sale must respect the estate’s creditor period and the personal representative’s (executor/administrator’s) rights. Title to real estate passes…
What steps do I need to open a limited estate to sell a deceased parent’s property with no will filed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to appoint a limited personal representative to publish a creditor notice when no full estate is needed. After four…
Can I compel a partition and sale of property currently occupied by a disqualified spouse? – North Carolina Short Answer Yes. In North Carolina, heirs who own an undivided interest in real property can file a partition proceeding in the Clerk of Superior Court. A spouse disqualified under the Slayer law is treated as if…
How do I handle a tenant if the disqualified spouse leased out the property before we sell it? – North Carolina Short Answer In North Carolina, when a spouse is disqualified under the Slayer statute, the decedent’s real property passes to the heirs at the moment of death. A lease the disqualified spouse signed afterward…
Do I need a death certificate to start a partition action? – North Carolina Short Answer No. North Carolina law does not require a death certificate to file a partition action. You must file a verified petition with the Clerk of Superior Court identifying the co-owners and the land. But if your ownership depends on…
Can attorney fees be deducted from the sale proceeds in a partition action? – North Carolina Short Answer Yes—under North Carolina law, the Clerk of Superior Court (or a judge, if transferred) may tax reasonable attorney fees as costs in a partition case and order them paid from the sale proceeds, usually when the legal…
Can I recover the bills I’ve covered from the proceeds when the house sells? – North Carolina Short Answer Yes—under North Carolina partition law, a co-owner who pays necessary carrying costs like property taxes, insurance, mortgage interest, HOA dues, and essential repairs can usually receive a credit before the sale proceeds are split. The Clerk…
How can I ensure I get a fair buyout price for my share of our co-owned property at mediation? – North Carolina Short Answer In North Carolina, start with a credible, current appraisal and a clear accounting of each co-owner’s contributions and offsets. Use mediation to convert that valuation into a written, signed buyout agreement…