What happens if my siblings open probate in another jurisdiction before I do? – North Carolina Short Answer If probate opens first in another state, it does not automatically control North Carolina real estate. To affect land here, the out‑of‑state personal representative must file the proper documents in North Carolina (often called ancillary administration) or…
How do I notify the mortgage company and other creditors when filing a partition action? – North Carolina Short Answer In North Carolina, you notify the mortgage lender and other creditors by naming them as respondents in your partition special proceeding and serving them under the civil rules. If a co-owner died, open an estate…
Can I be disqualified from serving as personal representative of our parent’s estate if I have a felony? – North Carolina Short Answer Yes—under North Carolina law, a person convicted of a felony is disqualified from serving as personal representative if their citizenship rights have not been restored. If your rights have been restored, a…
What steps remove a non-cooperative co-owner from title so I can sell my land? – North Carolina Short Answer In North Carolina, you cannot unilaterally remove a co-owner from title. If a co-owner will not cooperate, your remedy is a partition action filed where the land sits. For inherited “heirs’ property,” the court first applies…
Can I sell property inherited from a parent who died intestate if a sibling’s name is on the deed? – North Carolina Short Answer In North Carolina, you cannot sell the entire property by yourself if a sibling is on the deed. Each heir owns an undivided share as a tenant in common, so a…
How does having a lady bird deed or life estate affect my ownership share in a partition action? – North Carolina Short Answer In North Carolina, a life estate gives the life tenant the right to possess and use the property during their lifetime; it does not give them a fee-simple percentage for partition. If…
What steps do I need to file a partition action in multiple counties? – North Carolina Short Answer In North Carolina, you generally file one partition action with the Clerk of Superior Court in a county where any part of the property sits, even if parcels lie in different counties. You must join all co-owners,…
Can I refinance before a court orders the deed transfer in a partition case? – North Carolina Short Answer Usually no. In North Carolina, you cannot refinance into your name alone until you hold title alone or all current owners sign the loan documents. In a partition case, title changes only after the Clerk of…
Can I file a partition action in North Carolina without traveling there in person? Short Answer Yes. In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. An attorney can file, serve, and handle most steps for you, including hearings and…
What costs and timeline can I expect for a partition action to sell inherited real estate? – North Carolina Short Answer In North Carolina, any co-owner (cotenant) can file a partition action with the Clerk of Superior Court in the county where the land sits. Typical costs include filing and service fees, title work, appraisal…