Intestate probate process and selling jointly owned property in North Carolina
Detailed Answer
When a person dies without a valid will, North Carolina law requires intestate probate. You begin by filing a petition for administration with the Clerk of Superior Court under N.C.G.S. § 28A-15-1. The court reviews the petition and any bond, then appoints a personal representative under N.C.G.S. § 28A-15-3. The clerk issues letters testamentary or letters of administration.
The personal representative must inventory all assets, notify creditors, and settle valid claims. After that, the estate distributes property according to the statutes of descent and distribution in N.C.G.S. § 28A-2-1 through § 28A-2-12.
Selling Jointly Owned Property
Jointly owned property often passes outside probate. North Carolina recognizes two common forms of joint ownership:
- Joint tenants with right of survivorship: Upon death, the survivor owns the full property interest, and none of that interest enters probate.
- Tenants in common: Each owner holds a separate share. When one owner dies, that share becomes part of the probate estate.
If the decedent’s share lies in the probate estate as a tenant in common, the personal representative can sell it by following these steps:
- Obtain a court order authorizing the sale under N.C.G.S. § 28A-14-1.
- Provide notice of the proposed sale to heirs and interested parties.
- Market the property and complete the sale at fair market value.
- Distribute the sale proceeds to the distributees under intestate succession rules.
Key Points to Remember
- Intestate probate begins with a petition under N.C.G.S. § 28A-15-1.
- The court appoints a personal representative to manage debts and assets.
- Assets distribute under N.C.G.S. § 28A-2-1 et seq. when there is no will.
- Joint tenancy with right of survivorship avoids probate for that interest.
- The decedent’s share as a tenant in common requires court approval to sell.
- Court orders and fair market sales protect heirs and creditors.
Pierce Law Group has guided many families through intestate probate and property sales in North Carolina. Our attorneys handle every detail, from filing the petition to closing the sale. Contact us to protect your rights and complete the process efficiently. Email intake@piercelaw.com or call (919) 341-7055 today.
