Feb192026
Probate Q&A Series

How do I handle a property the deceased co-owned with someone who isn’t an heir when I’m trying to transfer the estate’s interest? – North Carolina

Short Answer

In North Carolina, the first step is to confirm how the deceased parent co-owned the property (for example, tenants in common versus joint tenancy with right of survivorship). If the deed includes survivorship, the co-owner may take the entire property automatically at death, leaving no probate interest to transfer. If there is no survivorship (such as a tenancy in common), the estate (or the will beneficiaries) can transfer only the deceased parent’s fractional share, and a partition or court-approved sale may be needed if the non-heir co-owner will not cooperate.

Understanding the Problem

In North Carolina probate, an executor may need to transfer a deceased parent’s interest in real estate to the will beneficiaries, but the deed shows the parent owned the property with another person who is not an heir. The decision point is whether the co-ownership included a survivorship feature that moves the property outside probate, or whether the deceased parent’s share remains part of the probate distribution. The answer controls whether the executor can transfer an estate interest at all, and if so, whether the transfer can happen by deed alone or requires a court process to deal with the co-owner’s ongoing rights.

Apply the Law

North Carolina treats co-owned real estate differently depending on the deed language and the type of co-ownership. Some forms of co-ownership pass automatically to the surviving co-owner at death (meaning there is no probate interest to deed to beneficiaries). Other forms do not include survivorship, so the deceased owner’s share passes under the will (or intestacy) and can be transferred—but only as an undivided fractional interest unless the co-owner also signs a deed or a court orders a sale/partition.

Key Requirements

  • Identify the type of co-ownership: The deed controls whether the deceased parent’s interest ended at death (survivorship) or remained transferable (no survivorship).
  • Confirm what interest the estate can transfer: If there is no survivorship, the estate typically can transfer only the deceased parent’s share, not the entire parcel.
  • Use the right procedure if cooperation is missing: If the non-heir co-owner will not sign or a clean transfer is not possible, a partition or sale process in Superior Court may be the practical path to convert the estate’s share into sale proceeds for distribution.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate includes multiple parcels that must be transferred to beneficiaries as probate wraps up, and at least one parcel is co-owned with a non-heir. If the deed for that parcel shows survivorship ownership (for example, a survivorship joint tenancy, or tenancy by the entirety if the co-owner is a spouse), the executor may have no probate interest to transfer for that parcel because the surviving co-owner may take automatically. If the deed shows a non-survivorship form (commonly tenants in common), the executor can usually transfer only the deceased parent’s undivided share to the beneficiaries, and the non-heir co-owner remains a co-owner with them unless the property is sold or partitioned.

Process & Timing

  1. Who acts: The executor (and sometimes the beneficiaries/devisees). Where: Start with the Register of Deeds in the county where each parcel is located to obtain the recorded deed; probate administration runs through the Clerk of Superior Court (Estates). What: Review the deed language to classify the ownership (survivorship vs. non-survivorship) and confirm what the estate can transfer.
  2. If the deed is survivorship-based: The practical “transfer” often happens by recording the death certificate and any required affidavit/recording documents used locally to update the land records (requirements can vary by county). The executor typically focuses on confirming the parcel is not part of the probate distribution unless it must be brought in for limited estate purposes under North Carolina law.
  3. If the deed is non-survivorship (often tenants in common): The executor (or the beneficiaries, depending on how title vested under the will and the administration posture) prepares and records an appropriate deed transferring the deceased parent’s fractional interest. If a clean exit is needed and the non-heir co-owner will not cooperate with a voluntary sale or buyout, the next step is often a partition proceeding in Superior Court to divide the property or sell it and divide the proceeds.

Exceptions & Pitfalls

  • Misreading the deed: The words that create (or do not create) survivorship matter. Treating a survivorship deed like a probate asset can cause wasted time and rejected recordings.
  • Trying to transfer more than the estate owns: If the deceased parent owned only an undivided share, the estate cannot deed the entire parcel to beneficiaries without the co-owner’s participation or a court-ordered process.
  • Assuming the executor always controls the real estate: In North Carolina, title to non-survivorship real property commonly vests in heirs/devisees, while the executor may still need court authority to take control or sell in certain situations. That difference affects who should sign documents and what court approvals may be required.
  • Not planning for co-owner conflict: If the non-heir co-owner refuses to sign a sale contract or deed, a partition case may be the only realistic way to convert the estate’s interest into distributable value.

Conclusion

In North Carolina, handling a co-owned parcel during probate starts with confirming whether the deed includes survivorship. If survivorship applies, the surviving co-owner generally takes the property at death and there may be no estate interest to transfer. If survivorship does not apply, the estate can transfer only the deceased parent’s fractional share, and a partition or court-supervised sale may be needed if the non-heir co-owner will not cooperate. The next step is to obtain and review the recorded deed for each parcel and then file the appropriate deed or partition action in the county where the land is located.

Talk to a Probate Attorney

If a probate estate includes real property co-owned with someone who is not an heir, the deed language and the co-owner’s cooperation often determine whether the estate can transfer the interest by deed or must use a court process like partition. Our firm has experienced attorneys who can help explain the 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.

Category: Probate Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.