How Two Siblings Can Inherit and Co-Own Their Parent’s House Under a Will in North Carolina

Detailed Answer

When a parent’s will leaves the family home to two siblings, North Carolina law requires you to open probate in the Superior Court of the county where your parent resided. You file the original will and a probate petition. The court issues Letters Testamentary to the personal representative named in the will. See N.C. Gen. Stat. § 31-10 (ncleg.gov).

The personal representative collects assets, pays debts and taxes, and then transfers the real estate title. To pass title to both siblings, the representative prepares a deed naming them as grantees. Recording that deed with the Register of Deeds completes the transfer under N.C. Gen. Stat. § 47-17 (ncleg.gov).

Choosing the Form of Co-Ownership

North Carolina recognizes two primary forms of co-ownership:

• Tenancy in Common: Each sibling owns an undivided fractional share. They may leave their share to someone else. This is the default when the will does not specify. See N.C. Gen. Stat. § 29-11 (ncleg.gov).
• Joint Tenancy with Right of Survivorship: If the will explicitly states joint tenancy, when one sibling dies, the other inherits the entire property automatically.

Even after title passes, co-owners must agree on property upkeep, taxes and insurance. If they cannot reach agreement, any co-owner may file a partition action under Chapter 46 of the General Statutes. The court can divide the land or order a sale and split proceeds. Learn more at Chapter 46.

Action Steps Checklist

• Open probate by filing the will and petition with the Clerk of Superior Court.
• Obtain Letters Testamentary for the personal representative. (N.C. Gen. Stat. § 31-10)
• Pay valid debts, expenses and taxes before distribution.
• Prepare and record the deed transferring the house to both siblings. (N.C. Gen. Stat. § 47-17)
• Decide whether to hold the property as tenants in common or joint tenants.
• Agree on cost-sharing for maintenance, insurance and taxes.
• Consider a partition action if co-owners cannot agree. (Chapter 46)

Conclusion and Next Steps

Inheriting and co-owning a parent’s home under a will involves opening probate, transferring title and selecting the proper form of joint ownership. If you have questions or need hands-on guidance, Pierce Law Group has experienced attorneys ready to assist. Reach out today by emailing intake@piercelaw.com or calling (919) 341-7055.