Feb32026
Probate Q&A Series

Can I sell or transfer my parent’s share of jointly owned property, and what if the other co-owners don’t agree? – North Carolina

Short Answer

In North Carolina, a person generally cannot sell or transfer a deceased parent’s “share” of jointly owned real estate until it is clear who owns that share after death (which depends on the deed and intestate succession). If the property was owned with a right of survivorship, the parent’s interest may pass automatically to the surviving co-owners and there may be no “share” to sell through the estate. If the property is owned as tenants in common, the parent’s interest typically passes to heirs, and a sale of the whole property usually requires all co-owners to sign—otherwise, a partition case in Superior Court may be needed.

Understanding the Problem

Under North Carolina probate law, the key question is whether a deceased parent’s interest in jointly owned real property can be sold or transferred when family members are trying to sell the property but other co-owners do not agree. The decision point is how the deed holds title (for example, “with right of survivorship” versus a standard co-ownership), because that determines whether the parent’s interest passes outside probate or becomes an inheritable share that heirs can transfer. Timing matters because ownership must be established before a buyer, title company, or closing attorney can safely close a sale.

Apply the Law

North Carolina treats “jointly owned property” differently depending on the deed language. By default, a deed to two or more people creates a tenancy in common unless the deed clearly creates a joint tenancy with right of survivorship. If the deed includes survivorship language, the surviving co-owners may take the deceased owner’s interest automatically. If the deed does not include survivorship language, the deceased owner’s share typically becomes part of what passes to heirs under intestate succession, and the heirs step into the deceased owner’s shoes as co-owners.

Key Requirements

  • Identify the type of co-ownership on the deed: The deed controls whether the parent’s interest passes automatically to survivors (right of survivorship) or passes to heirs (tenancy in common).
  • Confirm who owns the deceased owner’s share after death: If there is no will, North Carolina intestate succession rules determine the heirs who receive the parent’s interest (subject to estate administration issues if a sale is needed to pay valid debts).
  • Get agreement or use a court process if co-owners refuse: A voluntary sale of the entire property generally requires all current co-owners to sign the deed; if they will not, a partition proceeding in Superior Court is the usual remedy.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The parent died without a will, with no surviving spouse and one child, and the family is trying to sell real property the parent owned jointly with siblings. The first step is confirming whether the deed includes “right of survivorship” language; if it does, the parent’s interest likely passed to the surviving siblings automatically, and the child may not have a transferable “share” in that particular property. If the deed is a tenancy in common, the parent’s fractional interest likely passed to the child under intestate succession, making the child a new co-owner—but selling the entire property still requires cooperation from the other co-owners or a partition case.

Process & Timing

  1. Who acts: The heir(s) who received the deceased owner’s interest, and sometimes a court-appointed personal representative if an estate sale is needed to address valid debts. Where: For probate/estate administration, the Clerk of Superior Court in the county where the decedent was domiciled; for a forced sale/partition, Superior Court in the county where the land is located. What: Gather the recorded deed, death certificate, and information showing the current owners; if a partition is needed, file a partition petition naming and serving all co-owners. When: Before listing or closing, because title must be clear enough for a buyer to obtain insurable title.
  2. Try voluntary solutions first: Co-owners sometimes agree to a sale, a buyout, or a written agreement on listing price and terms. If the deed is survivorship, the surviving owners may be able to proceed without probate for that asset, but they still must all sign to sell the whole property.
  3. If there is no agreement, use partition: A partition case asks the court to divide the property or, if division is not practical, to order a sale and distribute proceeds according to ownership shares (after costs and any valid liens). The case requires identifying and joining all owners and interested parties, which can take time if family history is unclear.

Exceptions & Pitfalls

  • Survivorship changes everything: If the deed created a joint tenancy with right of survivorship, the parent’s interest may not pass to heirs at all, which means an heir cannot transfer what they did not inherit.
  • Small-estate paperwork does not automatically authorize a real estate sale: North Carolina’s abbreviated “collection by affidavit” procedures can help with certain personal property, but they generally do not give authority to sell real estate just because someone has the death certificate or handled small-estate assets.
  • Debts and liens can affect timing and proceeds: Medical bills and other claims may require a formal estate administration or a court-approved sale process in some situations, and mortgages, judgment liens, or deeds of trust can complicate a transfer.
  • Missing or uncooperative co-owners: A buyer usually will not close if a co-owner will not sign. Partition can solve the “no signature” problem, but it requires correct parties, proper service, and patience with court timelines.

For more background on family sales and title problems involving multiple owners, see sell inherited property when one heir won’t respond or sign the deed and what happens if some family members want to sell the entire property but others only want a part.

Conclusion

In North Carolina, whether a deceased parent’s “share” of jointly owned real estate can be sold or transferred depends first on the deed: survivorship ownership often passes automatically to surviving co-owners, while a tenancy in common interest usually passes to heirs under intestate succession. Even when an heir becomes a co-owner, selling the whole property typically requires all co-owners to agree and sign. If co-owners will not agree, the next step is usually to file a partition petition in the Superior Court where the property is located.

Talk to a Probate Attorney

If you’re dealing with a parent’s death and a disagreement over selling jointly owned property, our firm has experienced attorneys who can help explain ownership, probate steps, and whether a partition case is the right tool. 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: Probate 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.