Short Answer

In North Carolina, you can get sole title to inherited land either by having every co-owner sign and record deeds conveying their shares to you, or by filing a partition proceeding with the Clerk of Superior Court if someone will not sign. Title to nonsurvivorship real estate vests in the heirs at death, so you must identify all current co-owners and deal with each share directly. If agreement fails, the court can divide the land in kind or order a sale and divide the proceeds.

Understanding the Problem

You want to know: in North Carolina, how do I get my nieces’ and nephews’ interests out of an old intestate family tract so I hold title alone? You are the decedent’s only surviving child, and the land is still co-owned with descendants of your siblings. You have been paying the taxes for years and want to put the property solely in your name.

Apply the Law

Under North Carolina law, when someone dies without a will, their nonsurvivorship real estate passes immediately to their heirs as tenants in common. Each co-owner’s undivided share is a separate property right. You can unify title by voluntary deeds from all co-owners, or, if any co-owner refuses or cannot be located, by a partition special proceeding in the county where the land sits. Partition is filed with the Clerk of Superior Court; the clerk handles service and procedure, and the matter can be transferred to a superior court judge if disputes of fact or equitable issues arise. If the court finds the tract can’t be fairly divided, it can order a judicial sale and split proceeds.

Key Requirements

• Identify all co-owners: Confirm the current heirs and fractional shares because title vested in the heirs at death and may have passed again through later deaths.
• Voluntary conveyance path: Obtain and record properly executed deeds from every co-owner (and any necessary fiduciaries) conveying their undivided interests to you.
• Partition fallback: If anyone won’t sign, file a partition proceeding with the Clerk of Superior Court in the county where the land is located to divide the land in kind or sell it and divide proceeds.
• Notice and service: Serve all known co-owners under Rule 4; the clerk can address unknown addresses or incapacity, including appointing guardians ad litem when required.
• Forum and timing: Partition is a special proceeding before the clerk; respondents generally have a short window to answer after service, and disputes can be transferred to superior court.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Title to property) – Real property not held with survivorship vests in heirs or devisees at death.
• North Carolina Gen. Stat. Chapter 46A (Partition) – Procedures to partition property among cotenants, including in-kind division and sale.
• North Carolina Gen. Stat. § 28A-17-12 (Transfers by heirs within two years) – Rules that affect sales by heirs within two years of death.

Analysis

Apply the Rule to the Facts: Because your parent died intestate, the land vested in the heirs at that time. Over time, your siblings’ shares passed to their children, so your nieces and nephews now hold undivided interests. To hold title alone, you must either (1) get each co-owner to deed their share to you or (2) file a partition if anyone will not cooperate or cannot be found. Your long history of paying property taxes does not by itself transfer title, but in a partition the court can consider expense contributions when making equitable adjustments.

Process & Timing

1. Who files: Any cotenant (you). Where: Clerk of Superior Court in the North Carolina county where the land is located. What: For deeds, draft and record quitclaim or warranty deeds from each co-owner; if not feasible, file a partition petition under Chapter 46A and have the clerk issue a Special Proceedings Summons (AOC-SP-100). When: After service, respondents typically have 10 days to answer in a special proceeding.
2. If partition proceeds: the clerk determines whether an in-kind division is practical; may appoint commissioners and order a survey. If division is not fair or feasible, the clerk can order a judicial sale with upset-bid periods. Timing varies by county and case complexity.
3. Final outcome: Record the deeds (from voluntary conveyances or the commissioner’s deed after a sale) with the Register of Deeds. If in-kind, parcels are allotted and deeds recorded; if sale, proceeds are divided among co-owners, with adjustments as ordered.

Exceptions & Pitfalls

• Heir identification gaps: If a co-owner has died, their share passes to their heirs or estate; you may need signatures from heirs or a personal representative.
• Minors or unknown addresses: The court can require a guardian ad litem or alternative service; expect added steps and time.
• Two-year creditor window: If a death is recent (within two years), special rules can limit heirs’ ability to transfer without a personal representative joining.
• Service defects: Improper service can delay or derail a partition; use proper Rule 4 service and keep proof of service.
• Disputes over title or equity: If issues of fact or requests for equitable relief arise, the clerk must transfer the matter to a superior court judge.

Talk to a Partition Action Attorney

If you’re dealing with co-owned inherited land and need a clean path to sole title, our firm has experienced attorneys who can help you understand your options and timelines. 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.