Understanding Co-Heir Rights Under North Carolina Law
When a parent or other family member passes away and leaves real property to multiple heirs, each heir holds an undivided interest in the property. North Carolina law grants co-heirs equal rights of possession and control. If one co-heir, such as a sibling, refuses to allow access, use or sale of the property, the other co-heirs can pursue several legal remedies.
1. File a Partition Action
If co-heirs cannot agree on how to divide or sell the inherited property, any co-heir may petition the Superior Court for a partition action. Under N.C. Gen. Stat. § 46-2, the court can order:
- A physical division of the land if it can be equitably split among the heirs;
- A public sale of the entire property, with the proceeds divided according to each heir’s ownership share.
To start this process, one heir files a complaint for partition in the county where the property sits. After notice to all parties, the court will evaluate whether division in kind is practical or if sale is more equitable. Learn more at N.C. Gen. Stat. § 46-2 and N.C. Gen. Stat. § 46-3.
2. Seek an Accounting or Removal of a Personal Representative
If the sibling blocking access also serves as the estate’s personal representative, the other heirs may demand an accounting of estate assets and expenses. Under N.C. Gen. Stat. § 28A-13-3, an heir can petition the clerk of superior court to:
- Require the fiduciary to report all estate transactions;
- Remove the personal representative for mismanagement, breach of fiduciary duty or refusal to cooperate.
Find the full text at N.C. Gen. Stat. § 28A-13-3.
3. Enforce Right of Possession and Injunctive Relief
Each co-heir has the right to possess the entire property until it is partitioned or sold. If a sibling changes locks or denies access, the other heirs can:
- File an ejectment or trespass action in the county small claims or general civil court;
- Pursue a temporary injunction to restore access while the partition or accounting case proceeds.
Key Steps for Co-Heirs Facing Obstruction
- Review all estate documents to confirm co-heir interests.
- Attempt a written demand or mediation to resolve disputes without court.
- File a partition action under N.C. Gen. Stat. Chapter 46 if negotiation fails.
- Demand an accounting or removal if the obstructing sibling serves as personal representative under N.C. Gen. Stat. § 28A-13-3.
- Consider trespass or ejectment suits and injunctive relief to regain property access.
- Work with an attorney to meet all filing deadlines and court requirements.
Ready to Protect Your Inherited Property Rights?
If a sibling or co-heir blocks access or sale of your inherited property, you do not have to navigate these challenges alone. Pierce Law Group’s attorneys have years of experience handling partition actions, fiduciary disputes and property access cases. Contact us today by emailing intake@piercelaw.com or calling (919) 341-7055. We will review your situation, explain your legal options and work to secure your rightful share of the estate.
