Under North Carolina law, can an executor unilaterally sell inherited real estate when the will directs the sale?
1. Detailed Answer
Yes. In North Carolina, an executor may sell real estate if the will under which they serve expressly directs or authorizes that sale. The executor does not need to petition the clerk of court for permission first. Instead, they follow the procedure set out in the General Statutes.
Under N.C. Gen. Stat. § 28A-15-1, an executor may execute deeds and conveyances for estate property once they qualify by taking the oath and filing a bond. You can review the statute here: N.C.G.S. § 28A-15-1.
More specifically, N.C. Gen. Stat. § 28A-18-2(a) addresses sales of real estate directed by the will. It provides that an executor “shall proceed according to the provisions of the will without further order of the court.” You can read the full text here: N.C.G.S. § 28A-18-2.
Even though the executor does not need a court order, they must still:
- Give written notice at least 10 days before the sale to all heirs, legatees or devisees who have not yet received property or distributions.
- Publish a public notice of the sale once in a newspaper of general circulation in the county where the real estate lies.
- Conduct the sale in a commercially reasonable manner, obtaining fair market value.
- Execute and record a deed promptly—usually within 10 days after accepting the purchaser’s bid—to transfer title.
If the will does not direct a sale, or if the executor wants to make improvements before selling, the executor must petition the clerk for an order under N.C.G.S. § 28A-18-2(b). That process involves a hearing and court approval.
2. Key Takeaways
- An executor may sell real estate without court approval when the will expressly directs the sale.
- Cite N.C.G.S. § 28A-18-2(a) for the statutory authority to sell under a will’s directions.
- Notice requirements (written and published) still apply even without court order.
- Sale must be commercially reasonable to protect beneficiaries and creditors.
- If the will does not direct a sale, the executor must seek a court order per N.C.G.S. § 28A-18-2(b).
Conclusion and Next Steps
Selling inherited real estate under a will can streamline estate administration. However, compliance with the notice requirements and statutory procedures remains crucial. If you face questions about your duties as an executor or need guidance on the sale process, turn to attorneys who handle probate matters every day.
At Pierce Law Group, our team has extensive experience helping personal representatives navigate North Carolina probate statutes. Contact us to ensure you meet all legal requirements and protect yourself from personal liability. Reach out by email at intake@piercelaw.com or call us at (919) 341-7055. We stand ready to help you move your family’s affairs forward confidently.
