If other heirs don’t want the land, how can they give up their interest so I can take ownership? – North Carolina

Short Answer

In North Carolina, an heir or person named in a will can give up (renounce) an inherited interest by signing a written, notarized renunciation and filing it under Chapter 31B, which treats the person as if they never took that interest. In some situations, an heir may instead sign and record a deed transferring their share to the person who will own the land. Which option works best depends on whether the estate has been opened, whether the will has been probated, and whether there are debts or tax issues that require action by a personal representative.

Understanding the Problem

In North Carolina probate, can heirs who do not want family land give up their inherited interest so one family member can take ownership and work toward clear title? When the land is still titled in a decedent’s name and a will points to who should receive it, the key decision point is whether the other potential heirs should renounce their inheritance interest through the estate process or transfer whatever interest they already hold. Timing matters because unpaid property taxes can trigger county tax collection and foreclosure steps, and title problems can block building or financing until the ownership chain is cleaned up.

Apply the Law

North Carolina generally treats a decedent’s nonsurvivorship real estate as passing to the heirs (if there is no will) or to the devisees named in a will (after the will is probated), with that title relating back to the date of death. Even so, the personal representative (executor/administrator) may need to get involved if the estate must address debts, claims, or administration needs, and the Clerk of Superior Court oversees many estate proceedings. If other heirs are not interested, North Carolina law allows a formal renunciation of a succession interest by filing a written instrument that meets statutory requirements; alternatively, once an heir/devisee holds an interest, that person can usually convey it by deed (subject to title and estate administration issues).

Key Requirements

Confirm what interest exists: Determine whether the person is an heir (no will or will not probated) or a devisee under a probated will, and whether the land is held in a way that passes outside probate (for example, survivorship ownership) or passes through the estate.
Use the correct “give up” tool: A renunciation is a statutory filing that disclaims the inheritance interest; a deed is a transfer of an owned interest. The right tool depends on whether title has vested in heirs/devisees and what the estate needs to do.
Follow the required formalities and forum: A renunciation must be in writing, identify the decedent/transferor and the property interest, state the extent of the renunciation, and be signed and acknowledged (notarized), then filed as required by Chapter 31B. Deeds must be properly executed and recorded in the county Register of Deeds to affect title.

What the Statutes Say

N.C. Gen. Stat. § 31B-1 (Renunciation of succession) – Allows an heir or devisee to renounce, in whole or in part, a right of succession by a signed, acknowledged written instrument that identifies the transferor and describes the interest renounced.
N.C. Gen. Stat. § 29-10 (Renunciation of intestate share) – Provides that renunciation of an intestate share follows Chapter 31B.

Analysis

Apply the Rule to the Facts: The land is still titled in the decedent’s name, and a will reportedly leaves the property to the last living child, but a relative who acted as executor is now deceased. That means the first step is confirming whether the will was ever probated and who is legally a devisee (under the will) versus an heir (if the will was not probated or is invalid). If other potential heirs are not interested, they may be able to renounce any inheritance interest under Chapter 31B, which can simplify who takes. If some family members already hold a vested share (for example, because title vested in heirs/devisees), a deed transfer may be needed to consolidate ownership.

Process & Timing

Who files: Each person giving up an interest signs their own document. Where: The estate filings go through the Clerk of Superior Court in the county where the estate is administered; deed recordings go through the county Register of Deeds where the land is located. What: A written renunciation that meets Chapter 31B requirements (signed and notarized) and/or a properly drafted deed transferring the person’s interest. When: A renunciation under N.C. Gen. Stat. § 31B-1 may be made at any time, but timing still matters because delinquent taxes can move toward enforcement and title cleanup can take time.
Confirm the estate posture: Determine whether an estate is open, whether a personal representative is currently appointed, and whether the will has been admitted to probate. If the prior executor died, a successor personal representative may need to be appointed so the estate can take necessary steps (for example, dealing with claims, notices, or authority over real property when needed for administration).
Complete the title-cleanup step: After the correct renunciations and/or deeds are completed, the ownership chain often still needs a clear paper trail (probate documents, recorded instruments, and sometimes additional proceedings) before lenders, builders, or permitting offices treat title as clear.

Exceptions & Pitfalls

Renunciation is not the same as “signing it over” to a chosen person: A renunciation generally treats the person as not taking the inheritance, so the interest passes as North Carolina law directs (often to the next person in line), which may or may not be the intended family member. If the goal is to transfer directly to one person, a deed may be the better tool once the person’s interest is clear.
Unclear heir/devisee status: If the will was never probated, if there are questions about who the “last living child” is, or if a beneficiary died, the identity of the proper recipients can change. A renunciation signed by the wrong person (or for the wrong interest) will not fix title.
Estate administration and creditor issues: Even when land passes to heirs/devisees, the personal representative may have authority to take possession or seek court authority to handle the property when it is in the estate’s best interest, especially if debts and claims must be paid. Trying to transfer interests without addressing estate administration can create later title objections.
Missing or unlocatable heirs: If any potential heirs cannot be found or are unknown, consolidating title can require additional court procedures and may slow down a clean transfer.
Tax foreclosure risk continues while paperwork is pending: Paying delinquent taxes may be necessary to prevent enforcement even before title is fully cleaned up. (A tax attorney or CPA should be consulted for tax-specific questions.)

Conclusion

In North Carolina, other heirs or devisees can give up an inherited interest in family land either by filing a signed, notarized renunciation that meets Chapter 31B requirements or by transferring their share by deed once their ownership interest is clear. The right choice depends on whether the will has been probated, who legally holds the interest, and whether the estate needs a personal representative to act. The most important next step is to file the appropriate renunciation(s) with the Clerk of Superior Court (and record any needed deed with the Register of Deeds) early enough to prevent tax enforcement.

Talk to a Probate Attorney

If a family land title is still in a decedent’s name and other heirs do not want the property, a probate lawyer can help sort out who inherited what, prepare the correct renunciations or deeds, and map out the steps to clear title while tax issues are pending. 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.