Detailed Answer
When an estate owns real property, the personal representative may ask the clerk of superior court to approve a sale. If all interested parties agree, you can file a consent order of sale to speed up the process. After the sale closes, you follow up with a request to disburse the proceeds.
1. Gather Required Consents
Under North Carolina General Statutes § 28A-22-1, you need written consent from all distributees and interested parties. That includes heirs, devisees and any beneficiaries with a present interest in the property. Attach signed consent forms to your petition.
2. Prepare and File the Petition
File a petition for a consent order of sale in the county where the estate is administered. Your petition should include:
- Estate name and file number
- Description of the property
- Terms of the sale (method, minimum bid or price)
- Names and addresses of all interested parties
- Copies of the consents
Pay the clerk’s filing fee. The clerk reviews your paperwork and, if everything is in order, issues a consent order authorizing the sale.
3. Conduct the Sale
Follow the terms in the order. North Carolina allows public auction or private sale with a minimum bid. After completing the sale, record the deed and obtain closing statements and any necessary affidavits.
4. Petition for Disbursement of Proceeds
Once the sale closes, file a Petition for Disbursement of Proceeds under N.C.G.S. § 28A-21-2. Include:
- Consent order of sale
- Proof of sale (deed, closing statement)
- Final accounting of estate assets and liabilities
- Proposed distribution schedule (creditors, expenses, legatees, devisees)
The clerk reviews the petition, ensures creditors and expenses are paid, and issues an order allowing distribution of remaining funds.
Key Steps to File a Consent Order of Sale and Disburse Proceeds
- Obtain written consents from all distributees and interested parties.
- Prepare a petition for a consent order of sale under N.C.G.S. § 28A-22-1.
- File the petition and pay the clerk’s fee.
- Conduct the sale per the court’s order and record the deed.
- File a Petition for Disbursement of Proceeds under N.C.G.S. § 28A-21-2.
- Receive the clerk’s order and distribute funds to creditors and beneficiaries.
Conclusion and Call to Action
Filing a consent order of sale and distributing proceeds can streamline estate administration and avoid delays. Pierce Law Group’s attorneys guide you through each step. Contact us for clear, reliable assistance with your estate needs. Email us at intake@piercelaw.com or call (919) 341-7055.
