What are my options when co-owners disagree on selling North Carolina property?
A Detailed Answer
Probate in North Carolina governs how estate assets are managed and distributed. When real property passes to multiple beneficiaries or devisees, they own it as tenants in common. If these co-owners cannot agree on selling the property, the personal representative and interested parties must follow probate statutes to resolve the dispute.
1. Personal Representative’s Authority to Sell
If the decedent’s will specifically grants the personal representative power to sell real estate, the representative may proceed under N.C.G.S. §28A-23-3 (link). The process involves:
- Providing statutory notice to all heirs or devisees.
- Executing the sale under terms consistent with the will.
- Obtaining court confirmation of the sale under N.C.G.S. §28A-23-4 (link).
- Distributing net proceeds according to the will or intestacy laws.
2. Clerk’s Order for Sale or Partition
When a property cannot be conveniently split, a petition to the clerk of superior court can force a sale under N.C.G.S. §28A-8-11 (link). The clerk:
- Sets sale terms.
- Approves distribution of proceeds among distributees.
If the real estate can be divided fairly, the clerk may instead order partition in kind under N.C.G.S. §28A-8-13 (link). This ensures each beneficiary gets a portion of the land rather than cash.
Practical Steps to Resolve Disputes
- Review the will for specific sale authority granted to the personal representative.
- Discuss voluntary sale or buyout terms among beneficiaries before court involvement.
- Consider mediation to avoid added time and cost.
- File a petition under N.C.G.S. §28A-8-11 for a court-ordered sale when division by value makes sense.
- Seek partition in kind via N.C.G.S. §28A-8-13 when physical division is feasible.
- Follow notice and confirmation procedures in N.C.G.S. §§28A-23-3 and 28A-23-4 to finalize any sale.
Each statutory path has deadlines and procedural rules. Early legal guidance helps avoid delays and extra expense.
Call to Action
If co-owners of estate property in North Carolina cannot agree on selling, Pierce Law Group’s attorneys can guide you through probate sales and partition processes. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation today.
