Jan172026
Partition Action Q&A Series

Can a co-owner use guardianship or executor authority to keep me out of an inherited house after the parent has passed away? – North Carolina

Short Answer

Usually no. In North Carolina, once heirs or devisees become co-owners, each co-owner generally has an equal right to enter, occupy, and use the property, and one co-owner cannot lock another out unless there is an actual ouster or a valid court order limiting access.

Executor authority and guardianship authority are limited and do not automatically let one family member treat the inherited house as “their” property. If a co-owner has been excluding another co-owner or keeping all rental income, North Carolina law provides tools to seek access and an accounting.

Understanding the Problem

In North Carolina, after a parent dies and a house passes under a will to multiple heirs, the common question is whether one heir can claim “executor” or “guardian” authority to control the house, keep another co-owner out, and make unilateral decisions like renting the property. The decision point is whether that person has a valid legal basis—such as a court order or a legally recognized role with specific powers over the property—to exclude a co-owner from possession after death.

Apply the Law

North Carolina treats most inherited, jointly owned real estate as co-ownership (often a tenancy in common). As co-owners, each person generally has a right to possess the whole property, subject to the other co-owners’ equal rights. A co-owner who rents the property to third parties generally must share rents and profits proportionally, and a co-owner who is actually excluded may have a claim to be admitted back into possession.

Key Requirements

  • Co-owner right to possession: Each co-owner generally has the right to enter and use the property, and one co-owner’s possession is treated as possession for all co-owners unless an actual ouster occurs.
  • Actual ouster (exclusion): To justify keeping a co-owner out, there typically must be an actual exclusion (or a court order), not just family conflict or “I’m in charge” statements.
  • Sharing third-party rent: If a co-owner collects rent from non-owners (tenants), that rent is generally shared among co-owners according to their ownership percentages, and an accounting claim may be available if one co-owner keeps more than their share.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The facts describe multiple heirs becoming co-owners under a will, with one co-owner controlling the property, renting it out, and not sharing rental income or decisions. Under North Carolina’s cotenancy rules, each co-owner generally has a right to possess the property, and collecting third-party rent typically triggers a duty to share rents proportionally. If the controlling co-owner is keeping another co-owner out (for example, changing locks or instructing tenants not to allow entry), that can support an “actual ouster” claim and a request to be admitted back into possession, along with an accounting for rents.

Process & Timing

  1. Who files: The co-owner who is being excluded and/or not receiving their share of rent. Where: Typically in North Carolina District Court or Superior Court (depending on the claim and relief) in the county where the property is located; probate and many guardianship matters run through the Clerk of Superior Court. What: A civil action seeking (a) admission back into possession based on ouster and/or (b) an accounting for rents and profits; in many situations a separate partition case may also be considered to end the co-ownership. When: Timing depends on the claim; acting promptly matters once exclusion or rent collection starts.
  2. Next step: The case typically focuses on proof of co-ownership, proof of exclusion (if access is being denied), and proof of rent received from third parties (leases, payment records, messages, bank deposits). Courts often require clear documentation because family disputes frequently involve informal arrangements.
  3. Final step: The court can order access (if ouster is proven), order an accounting and repayment of the co-owner’s proportional share of rents received from third parties, and—if pursued—partition can result in a sale or division to resolve the deadlock.

Exceptions & Pitfalls

  • Valid court orders can change access rights: A domestic violence protective order, no-contact order, or other court order can restrict entry regardless of co-ownership. The key is whether a real court order exists and what it says.
  • Executor vs. co-owner roles get confused: A person being named executor in a will does not automatically mean they can treat co-owned real estate as solely theirs after death. Executor powers can be real, but they are tied to estate administration and court-supervised duties, not personal control.
  • Guardianship authority is not a free pass: A guardian’s power is tied to the ward’s interest and is typically supervised by the Clerk of Superior Court; major actions (like long leases or sales) often require a petition and approval. “I’m the guardian” does not automatically justify excluding other co-owners.
  • Self-help lockouts create risk: Changing locks, threatening co-owners, or using tenants to block access can strengthen an ouster claim and can escalate the dispute. Written communication and lawful court processes usually work better.
  • Informal rent handling causes proof problems: Cash rent, leases in a single co-owner’s name, and utilities paid from mixed accounts can make accounting harder. Preserving texts, emails, listings, and payment records early is often critical.

Related reading may be helpful in situations involving withheld rent: recover my share of rent collected by a co-owner.

Conclusion

In North Carolina, a co-owner generally cannot use “executor” or “guardian” labels to keep another co-owner out of an inherited house after the parent’s death unless an actual ouster is proven or a valid court order limits access. Co-owners typically share a right of possession, and third-party rent is generally shared in proportion to ownership, with an accounting claim available when one co-owner keeps more than their share. A practical next step is to file an action to compel admission (if excluded) and/or an accounting for rents in the county where the property is located.

Talk to a Partition Action Attorney

If you’re dealing with an inherited house where a co-owner is controlling access, renting the property, or keeping rental income, our firm has experienced attorneys who can help explain options and timelines under North Carolina law. Call us today at (919) 341-7055.

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.

Category: Partition Action Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.