Probate Q&A Series

How to Document and Recover Reimbursement for Carrying Costs on Co-Owned Inherited Property in North Carolina

1. Detailed Answer

When you inherit property with one or more co-owners, you may shoulder ongoing expenses such as real estate taxes, insurance premiums, mortgage payments or utilities. North Carolina law lets you recover your fair share of these carrying costs in two main ways:

A. Through the Estate (If Administration Is Still Open)

  • Present a claim to the personal representative. Under N.C. Gen. Stat. § 28A-15-3, you must submit a written statement of your claim within 90 days after the personal representative qualifies. Provide copies of tax bills, insurance invoices or mortgage statements. (N.C. Gen. Stat. § 28A-15-3)
  • Include detailed documentation. Attach all receipts, bank statements or copies of checks showing payment dates and amounts. A clear paper trail strengthens your claim.
  • Wait for allowance. The representative may approve your claim, pay you from estate funds, or deny it. If denied, you can petition the Clerk of Superior Court to resolve the dispute.

B. Among Co-Owners (After Distribution or When Estate Is Closed)

  • Demand contribution. As a co-tenant, you can demand your pro rata share of carrying costs directly from your co-owners.
  • File a partition action. If co-owners refuse to pay, you may file an action to partition the property under N.C. Gen. Stat. § 46-15. The court can order sale or division and require an accounting for “taxes, insurance and necessary repairs” paid by any co-tenant. (N.C. Gen. Stat. § 46-21)
  • Request an accounting. In that action, the court can calculate each owner’s share of expenses. Any co-tenant who overpaid can receive reimbursement from the proceeds of sale or from other owners’ shares.

2. Key Steps to Document and Recover Your Costs

  1. Keep detailed records: Save all receipts, invoices, canceled checks and bank statements that show you paid taxes, insurance, mortgage or upkeep costs.
  2. Track dates and amounts: Create a spreadsheet or ledger listing each expense, the date paid, the payee and your share.
  3. Submit a claim in estate administration: If the estate remains open, deliver a written claim under N.C. Gen. Stat. § 28A-15-3 to the personal representative within 90 days.
  4. Send a formal demand letter: If the property has passed to co-owners, draft a letter outlining expenses you paid and request contribution within a specific time frame.
  5. Consider partition: If co-owners won’t cooperate, file a partition and accounting action under N.C. Gen. Stat. § 46-15 to enforce your right to reimbursement.
  6. Consult an attorney: An experienced probate attorney can review your documentation, assist with claim procedures and represent you in court if needed.

Conclusion and Next Steps

If you’ve paid carrying costs on co-owned inherited property, North Carolina law provides clear paths to recover your share. Document every expense, present your claim properly and, if necessary, enforce your rights through a partition or accounting action.

Pierce Law Group attorneys have guided countless clients through probate administration and co-ownership disputes. We can help you organize your documentation, file claims and, if needed, represent you in court. Contact us today to discuss your situation:

Email: intake@piercelaw.com
Phone: (919) 341-7055