Dec202025
Probate Q&A Series

What are my options if I and the executor disagree about co-ownership or disposition of the farmland? – North Carolina

Short Answer

In North Carolina, disagreement with an executor about a farm usually gets handled in one of two places: (1) the estate file in front of the Clerk of Superior Court while probate is open, or (2) a separate real-property case (often partition) after the farm is distributed to co-owners. Options can include demanding information and accountings, asking the Clerk to approve or stop a proposed sale/lease, or (once title passes) seeking partition so the co-owners can divide the land or sell it and split proceeds.

Understanding the Problem

In North Carolina probate, the key issue is which decisions belong to the executor during estate administration versus which decisions belong to the heirs or devisees after the farmland is transferred out of the estate. When an executor and a co-heir disagree, the disagreement often concerns whether the executor can sign contracts affecting the land, whether the land should be sold to pay estate obligations or for the estates benefit, and what happens when the will results in co-ownership once probate ends.

Apply the Law

North Carolina treats estate administration as a court-supervised process, usually overseen by the Clerk of Superior Court in the county where the estate is opened (and for many real-estate sale proceedings, the county where the land sits). During administration, the executor has duties to preserve estate assets, follow the will, and comply with required filings. Real property often passes to heirs/devisees subject to estate needs, but the executor may still have authority to act with court approval (or under a power of sale in the will) when the estate needs to sell, lease, or mortgage property, or when the will gives the executor title for estate purposes.

Key Requirements

  • Identify the executors authority over the farmland: The will language and North Carolina probate rules determine whether the executor can sell/lease/mortgage the land, and whether court approval is needed.
  • Use the right forum while probate is open: Disputes about estate management, proposed transactions, and required accountings typically go to the Clerk of Superior Court handling the estate (and sometimes a related special proceeding in the county where the land is located).
  • Separate administration disputes from co-owner disputes: Once probate distributes the farm into co-ownership, disagreements about keeping, dividing, or selling the land generally shift to real-property remedies such as partition.

What the Statutes Say

Analysis

Apply the Rule to the Facts: The estate includes a large farm and a pending forestry contract with a down payment, so the disagreement is likely about who can decide whether to proceed with the contract, change it, or sell/encumber the land during probate. Because the executor and another child are expected to co-inherit and co-own the farmland once probate closes, the dispute has two stages: (1) what the executor can do while the land is still tied up in the estate, and (2) what co-owners can do after distribution if they cannot agree on keeping or selling the farm.

Process & Timing

  1. Who files: An heir/devisee or the executor (depending on the relief). Where: the Clerk of Superior Court handling the estate, and for certain land-sale proceedings, the Clerk in the county where the land is located. What: written requests for information/accountings in the estate file; petitions/objections seeking clerk approval (or disapproval) of a proposed sale/lease/mortgage; or, after distribution, a partition filing in the appropriate court. When: as soon as a concrete dispute arises (for example, before signing or closing a land transaction, or before funds are committed under a contract).
  2. Probate-stage tools: If the executor seeks to sell or otherwise deal with the farm and court approval is required, interested parties typically receive notice and can object; the Clerk can hold a hearing. If the heirs/devisees want to sell the farm during administration, North Carolina practice often requires the executor to join in the conveyance to protect title in the early administration period and before the final account closes, especially when creditors rights could be affected.
  3. Post-distribution tools: Once the deed or other transfer places the farm into co-ownership, the disagreement becomes a co-owner problem. If co-owners cannot agree on use or disposition, a partition action is the typical mechanism to force a division in kind (if feasible) or a sale with proceeds divided according to ownership shares.

Exceptions & Pitfalls

  • Will language can change the answer: A will may give the executor a power of sale or even convey title to the executor for estate purposes, which can expand what the executor can do without further consent from co-heirs (though fiduciary duties still apply).
  • Mixing up estate property and co-owned property: Before distribution, the dispute often belongs in the estate proceeding; after distribution, partition and other real-property remedies may apply.
  • Contract timing and authority: A forestry contract with a down payment can create pressure to act quickly. A party should avoid signing amendments, accepting additional funds, or delivering possession/rights in timber without confirming who has authority to bind the estate or the owners.
  • Original will control and access: When only a copy is available and the original is held elsewhere, delays can occur if the executor must retrieve and submit the original for probate. Delays can also create practical problems for land management decisions and contract performance.
  • Will contests are a different track: If the dispute is really about whether the will is valid (rather than how to manage the farm), a caveat can shift the case into Superior Court and can restrict distributions and require asset preservation while the contest is pending.

Conclusion

In North Carolina, disagreements with an executor about farmland usually get handled through the Clerk of Superior Court while probate is open and through co-owner remedies after the farm is distributed. The key is identifying whether the executor has authority under the will (or needs clerk approval) to sell, lease, or otherwise commit the property, and then using the correct procedure to object or request a hearing. The most practical next step is to file a written request for a clerk hearing in the estate proceeding before any proposed land transaction is approved or closes.

Talk to a Probate Attorney

If a probate estate includes farmland and there is a conflict about whether the executor can sell it, continue a contract, or how co-owners will handle the land after distribution, experienced attorneys can help explain the correct court process and timelines and help present the issue to the Clerk of Superior Court. 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: jpierce

Attorney Jared Pierce is the founder of Pierce Law Group in Raleigh, North Carolina, a firm he established with a dedicated focus on probate administration and estate planning across North Carolina. Born and raised in the Republic of South Africa, Jared moved to Durham with his family in 2001, bringing with him a rich cultural background and a distinctive accent that often serves as a conversation starter.