Short Answer

In North Carolina, start with the recorded deed and the chain of title. The deed controls the fractional shares; if it is silent about percentages, co-owners are generally treated as holding equal undivided interests. At death, the decedent’s share passes to heirs or devisees, but the personal representative may manage or sell it if needed to administer the estate. To convey the decedent’s share, verify the fraction from the deed, record the probate paperwork in the county where the land lies, and have the proper parties sign the deed—often including the personal representative during the first two years.

Understanding the Problem

You are a North Carolina personal representative who needs to confirm the exact fractional interest the decedent held as a tenant in common and then convey that share to a specific heir. The decedent owned a majority undivided interest; you want clarity on what the deed says and how to transfer that interest correctly within the probate process.

Apply the Law

Under North Carolina law, tenants in common each hold an undivided share of the whole parcel. The recorded deed sets those shares; it may specify percentages (for example, 2/3 and 1/3). If the deed does not state unequal shares, the default treatment is equal shares. When an owner dies, title to non-survivorship real property passes to heirs or devisees, but the personal representative can take possession and control if doing so is in the best interest of the estate, and may sell to pay valid claims using the procedures provided by statute. Transfers by heirs or devisees within two years of death are subject to creditor-protection rules that often require the personal representative to join the deed after notice to creditors is published.

Key Requirements

• Read the deed and chain of title: Confirm the precise fractional share from the most recent recorded deed; if it states percentages, those control.
• Default if deed is silent: If no fraction is stated, treat co-owners as holding equal undivided shares unless later instruments say otherwise.
• Title at death and PR authority: Title passes to heirs or devisees at death, but the personal representative may take possession/control if needed for administration and can seek a court order if required.
• Record probate documents: Record a certified copy of the will and order of probate (or qualification papers) in the county where the land lies to show how title passes.
• Two-year creditor window: Within two years of death, heirs’ transfers are subject to creditor rights; after notice to creditors is published, the personal representative typically must join any deed before the final account is approved.
• Use the correct deed: Prepare and record a deed from the heirs/devisees (with the personal representative joining when required) to the receiving heir; update tax records after recording.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-15-2 (Title to property at death) – Real property vests in heirs or devisees at death or upon probate, subject to estate administration.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – Allows the personal representative to take possession, custody, and control of real property when needed for administration.
• North Carolina Gen. Stat. § 28A-17-12 (Transfers by heirs or devisees) – Within two years of death, transfers are subject to creditor protections; the personal representative’s joinder is often required after notice to creditors.
• North Carolina Gen. Stat. § 31-39 (Probate of will as to real estate) – Recording the will and probate in the county where land lies evidences passage of title under the will.

Analysis

Apply the Rule to the Facts: The decedent held a majority undivided interest as a tenant in common. Confirm that exact fraction by reviewing the last recorded deed; if it sets a percentage, that governs, and if silent, use equal shares for the cotenants. Because title passes to heirs or devisees, record the probate in the county where the land is located and then prepare a deed from the heirs/devisees conveying the decedent’s confirmed share to the intended heir, with the personal representative joining the deed if within two years and after publishing notice to creditors.

Process & Timing

1. Who files: Personal representative. Where: Register of Deeds (title records) and Clerk of Superior Court (probate file) in the North Carolina county where the land lies. What: Obtain and review the recorded deed(s) and legal description; record a certified copy of the will and order of probate (or qualification papers) in that county; publish notice to creditors promptly after qualification. When: Do this before any conveyance; within two years of death the personal representative typically must join deeds by heirs/devisees.
2. If the estate needs control of the property (to preserve, insure, or sell to pay claims), petition the Clerk of Superior Court for authority to take possession and control. Timeframes vary by county; allow several weeks for notice and a hearing if needed.
3. Prepare and record the deed conveying the decedent’s confirmed fractional share from the heirs/devisees (with the personal representative joining when required) to the receiving heir. Then update the tax listing and utilities with the new owner information.

Exceptions & Pitfalls

• Deed silence vs. stated shares: If the deed states unequal percentages, those govern; if it is silent, treat shares as equal unless later instruments change that.
• Unrecorded probate: Failing to record the will/probate in the county where the land is located can cloud the chain of title and delay transfer.
• Two-year rule missteps: A deed by heirs/devisees before notice to creditors, or without the personal representative’s joinder before final accounting, can be ineffective as to creditors.
• Paying property expenses: Heirs or devisees typically bear post‑death property costs unless the personal representative properly assumes possession/control; document any estate-paid taxes, insurance, or necessary preservation costs for reimbursement.
• Uncashed estate checks: Cashier’s checks issued but never delivered are not completed distributions; stop payment and reissue as needed, or deposit undeliverable shares with the Clerk before filing the final account if a payee cannot be located.

Talk to a Probate Attorney

If you’re dealing with confirming a tenant-in-common share and transferring it to an heir, 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.