What is a commissioner’s sale in a North Carolina partition action, and how does the upset bid process work? In North Carolina, when co-owners can’t agree on sharing or dividing inherited real property—such as land in Mecklenburg County—a partition action may follow. The court appoints a commissioner to conduct a public sale of the property.…
How do I respond and join a partition action for inherited property in North Carolina? When a co-owner files a partition action under North Carolina law, they ask the court to divide or sell real property co-owned by heirs. As a named party, you must act promptly to protect your interest. In Wake County (and…
Can I Use a Small Estate Affidavit to Collect Assets and Avoid Full Probate in Onslow County, NC? North Carolina law allows heirs to collect certain personal property without opening a full probate estate when the total value of personal assets does not exceed $20,000. Under N.C. Gen. Stat. § 28A-19-1, you can file a…
What Is a Partition Action in Brunswick County and What Are My Deadlines to Respond? When co-owners cannot agree on use or sale of inherited real estate in Brunswick County, one party may file a partition action under North Carolina law (N.C. Gen. Stat. § 46-1 et seq.). A partition action asks the court to…
How long does it take to prepare and file a North Carolina probate petition for undivided land with multiple heirs? When real property remains undivided and multiple heirs own an interest, a probate petition in North Carolina requires careful preparation. In Wake County, for example, a petition must describe the property accurately, list every heir…
How can co-owners resolve a dispute over inherited real property and avoid a partition sale in Wake County, North Carolina? When two or more heirs inherit land together and one wants out, North Carolina law lets any co-owner file a partition action in superior court under N.C. Gen. Stat. § 46-40. Partition can take the…
How is inherited real property titled when a decedent added a non-spouse as co-owner and died intestate in Duplin County, North Carolina? When someone dies without a will in North Carolina, their ownership interest in real estate passes by intestate succession under N.C. Gen. Stat. § 29-14 and § 29-15. First, review the deed in…
What can I do if my attorney delays filing my annual accounting as a personal representative in Wake County? As the personal representative you hold ultimate responsibility for timely filing an annual account, even if you rely on counsel to prepare it. In Wake County, North Carolina, annual accounts must generally be submitted within 90…
FAQ 1: Do I need primary probate in Florida and ancillary probate in North Carolina to transfer a North Carolina property after someone dies without a will? When a decedent holds real estate in North Carolina but resides (and dies) in another state, you generally open probate in the decedent’s domicile first. In your case,…
Can we avoid probate to transfer our parents’ house to siblings? Under North Carolina law, real property owned solely by decedents transfers by probate, even if multiple heirs agree among themselves. If your parents died without a joint‐tenant deed or trust, the house passed by intestate succession to you and your siblings. You can’t update…
