Detailed Answer

When you inherit property with one or more co-owners in North Carolina, you have two main options: transfer your share by deed or pursue a forced sale through a partition action. Each path requires specific steps to comply with state law.

1. Confirm Title and Probate Status

First, determine whether the estate has completed probate. If the property passed under a will, the personal representative must obtain a court order allowing distribution. Under N.C. Gen. Stat. § 28A-15-3, the representative may then execute a deed to each beneficiary. You need that deed to become a legal owner of your share.

2. Transfer Your Share by Deed

1. Obtain an Administrator’s or Executor’s Deed: Ask the personal representative to record a deed conveying your fractional interest. They must comply with N.C. Gen. Stat. § 28A-15-3 (link).
2. Draft a New Deed: You can sell or gift your share by signing a new deed—usually a quitclaim or warranty deed—transferring your interest to the buyer or recipient.
3. Record the Deed: File the signed and notarized deed in the county Register of Deeds where the property sits. Recordation gives public notice of the change in ownership.

3. Force Sale by Partition Action

If your co-owners will not buy your share, you may ask the court to partition the property under N.C. Gen. Stat. § 46-6 (link).

1. File a Complaint: File a partition complaint in Superior Court. You name all co-owners and describe the property.
2. Serve Co-Owners: Provide each co-owner with notice of the lawsuit.
3. Request Partition in Kind or Sale: Ask the court to divide the land physically (in kind) or, if that is impractical, to order a public sale.
4. Court Appoints Commissioners: The judge appoints commissioners to evaluate whether the land can divide fairly. If not, they appraise the property’s value.
5. Conduct Sale: Commissioners arrange a public auction. After sale, they distribute net proceeds to each owner by their ownership share.
6. Record the Order and Deed: File the court order and commissioner’s deed in the Register of Deeds office to finalize ownership of the sold property.

4. Tax and Liability Considerations

Selling or partitioning can trigger capital gains tax and closing costs. Consult a tax advisor to estimate potential liabilities before signing any deed.

Key Points to Remember

• Confirm that probate is complete before transferring any inherited interest.
• Use an Administrator’s or Executor’s Deed under N.C. Gen. Stat. § 28A-15-3.
• Record deeds promptly to protect your legal interest.
• File a partition action under N.C. Gen. Stat. § 46-6 if co-owners won’t cooperate.
• Commissioners handle valuation and sale when physical division is impossible.
• Consider tax consequences and closing costs before transferring or selling your share.

Next Steps

Transferring or forcing sale of an inherited property share involves detailed court procedures and strict timelines. Pierce Law Group has seasoned attorneys ready to guide you through every step. Email us at intake@piercelaw.com or call (919) 341-7055 to discuss your situation today.