Detailed Answer
When someone dies without a will in North Carolina, the estate enters intestate administration. The clerk of superior court appoints an administrator under N.C. Gen. Stat. § 28A-6-2. That administrator holds legal title to estate assets and must follow statutory rules to manage them.
Intestate succession under N.C. Gen. Stat. § 28A-12-1 determines who inherits the decedent’s share of real property and in what proportions. If heirs cannot agree on selling or renting the home, the administrator cannot simply sign a sale contract. The law requires court approval for real-estate transactions by an estate, except those made in the ordinary course of business, under N.C. Gen. Stat. § 28A-15-1.
When heirs disagree, any heir or the administrator can file a partition action under N.C. Gen. Stat. § 46-2. The court orders either physical division or public sale of the property. If sold, proceeds clear liens, pay administration costs, then divide among heirs by their statutory shares.
If heirs prefer to rent the home, the administrator must secure court authorization to enter leases under N.C. Gen. Stat. § 28A-16-1. Rental income becomes part of the estate and must be distributed to heirs after expenses. Any lease or sale without proper court orders risks personal liability for the administrator and could expose the estate to challenges.
In practice, the administrator should:
- Obtain letters of administration from the clerk’s office.
- Identify all heirs and notify them of estate actions.
- Seek court approval before listing real estate for sale or signing a lease.
- File a partition action if heirs remain at an impasse.
- Divide net proceeds or rental income according to intestate shares.
Key Points to Remember
- Administrator Appointment: The court appoints an administrator when there is no will (§ 28A-6-2).
- Heir Shares: Intestate succession rules determine each heir’s percentage (§ 28A-12-1).
- Sale Authorization: The administrator needs court permission to sell real property (§ 28A-15-1).
- Partition Action: Any heir or the administrator can force a sale through court under § 46-2.
- Lease Authority: Renting requires court approval to protect estate assets (§ 28A-16-1).
- Fiduciary Duty: The administrator must act in the best interest of all heirs and follow statutory steps.
- Distribution: After sale or rental, distribute net proceeds per intestate succession.
Disagreements among heirs can stall estate administration and risk property value loss. Pierce Law Group has experienced probate attorneys ready to guide you through every step. Protect your rights and the estate’s value. Contact us by emailing intake@piercelaw.com or calling (919) 341-7055.
