Detailed Answer
When a minor inherits real estate as a co-owner, state law prevents the minor from selling or conveying that interest on their own. In North Carolina, you must involve the court to protect the minor’s share. You have two main options: appoint a guardian of the minor’s estate under Chapter 35A of the General Statutes or file a partition action under Chapter 46 and secure a guardian ad litem.
To use the guardianship route, you file a petition in the clerk’s office of the county where the minor resides or where the estate is administered. Under G.S. 35A-1201, the court appoints a guardian to manage the minor’s property. The guardian then requests court approval to sell the inherited real estate. North Carolina law requires notice to all interested parties and a hearing under G.S. 35A-1210. If the court finds the sale fair and in the minor’s best interest, it issues an order allowing the guardian to execute the sale. Once the sale closes, the clerk supervises distribution of the proceeds according to the will or statute.
If co-owners cannot agree to sell, you can file a partition action under Chapter 46. The court will appoint a guardian ad litem for the minor under G.S. 46-13. The guardian ad litem reviews the sale plan, ensures the minor’s share is protected, and can consent to a sale by public auction or private contract. After the court confirms the sale, it divides net proceeds among all owners, removing the minor’s direct interest in the property.
Key Steps to Remove a Minor’s Co-Ownership Interest and Sell Inherited Property
- Determine the best process: guardianship of estate or partition with guardian ad litem.
- File the appropriate petition in the clerk’s office (guardianship under G.S. 35A-1201, partition under Chapter 46).
- Provide notice to all interested parties, including co-owners and heirs.
- Attend the court hearing: explain why sale serves the minor’s best interest.
- Obtain the court order approving the sale or partition plan.
- Complete the sale or public auction as directed by the court order.
- Submit closing documents and sale proceeds accounting to the clerk for final distribution.
Removing a minor’s co-ownership interest and selling inherited property involves clear court steps designed to protect minor heirs. At Pierce Law Group, our attorneys bring years of probate experience to guide you through guardianship petitions, court hearings, and property sales. We handle complex filings, secure court approval, and ensure a smooth closing. Contact us today by email or call (919) 341-7055.
