Detailed Answer
When a person dies owning real property in North Carolina, that property passes to heirs under a valid will or under intestacy rules found at N.C. Gen. Stat. § 29-14. Siblings often inherit equal shares when no will exists. If some of those siblings die before or after inheriting, their shares pass to their descendants by representation (per stirpes). Before any sale can occur, you must identify all current co-owners and their fractional interests.
All co-owners must agree in writing to sell the property. If one or more co-owners decline or cannot be located, the other owners may file a partition action in Superior Court under N.C. Gen. Stat. § 46-1. In a partition action, the court may divide the land physically (partition in kind) or order it sold at a public auction (partition by sale). The court appoints a referee or commissioner to handle the sale, and the proceeds distribute to co-owners according to their interests.
Steps to sell inherited property when some heirs have died:
- Confirm heirship. Obtain a certified copy of the death certificate and any will. If there is no will, collect an affidavit of heirship or letters of administration.
- Determine shares. Under N.C. Gen. Stat. § 29-14, calculate each heir’s share. If a sibling died, their descendants step into their shoes and inherit their share.
- Obtain consent. Get signed sale agreements from all co-owners. Include minor heirs’ consent through a guardian ad litem if necessary.
- Consider partition. If any heir refuses or cannot be found, file a partition action under N.C. Gen. Stat. § 46-1. The court will decide the most equitable method of division or sale.
- Complete the sale. Work with a title company or closing attorney. Pay off liens, prepare deed, and distribute proceeds according to the court order or sale agreement.
By following these steps and citing the relevant North Carolina statutes, you can ensure a lawful and smooth sale of inherited property even when some heirs have passed away.
Key Takeaways
- Heirs receive property shares under N.C. Gen. Stat. § 29-14 when there is no will.
- A deceased heir’s share passes to their descendants per stirpes.
- All co-owners must agree to sell; otherwise pursue a partition action under N.C. Gen. Stat. § 46-1.
- Partition results in division in kind or sale and equitable distribution of proceeds.
- Engage a probate attorney to manage filings, court hearings, and closing.
Ready to move forward? Pierce Law Group’s attorneys have guided many families through inherited property sales under North Carolina probate law. Contact us today to discuss your situation. Email intake@piercelaw.com or call us at (919) 341-7055.
