How to Remove a Deceased Co-Owner’s Interest and Sell an Inherited Property in North Carolina
When a co-owner dies, the surviving owner or heirs must clear title before selling inherited real estate. North Carolina law outlines specific procedures for joint tenancy, tenants in common, probate administration, and partition actions. Following these steps will help you transfer or sell the property cleanly and efficiently.
Understanding Co-Ownership and Survivorship Rights
In North Carolina, real property typically holds under one of two forms: joint tenancy with right of survivorship or tenants in common. Joint tenants automatically pass the decedent’s share to the surviving owner. Tenants in common hold separate shares that pass through the decedent’s estate by will or under intestate succession (G.S. 29-14). Identifying your ownership type guides the path to clear title and market the property.
Step-by-Step Process to Remove a Deceased Co-Owner’s Interest
- Verify the co-ownership form. Review the deed. If it states “joint tenants with right of survivorship,” you can transfer title by affidavit rather than probate.
- Obtain certified death certificates. Request multiple copies from the state vital records office. You will use these in title transfers, probate filings, and with the Register of Deeds.
- Record an Affidavit of Survivorship (if joint tenancy applies). Under G.S. 41-6.2, file the affidavit and death certificate with the Register of Deeds. This transfers full title to the surviving owner outside of probate.
- Open probate administration (if tenants in common). File a petition for probate of a will or for administration under G.S. 28A-2-2.3. The clerk issues letters testamentary or of administration. The personal representative then gains authority under G.S. 28A-10-2 to collect, manage, and distribute estate assets.
- Identify heirs or devisees. Under G.S. 29-14, intestate heirs inherit if there is no valid will. If a will exists, follow its terms. Prepare an inventory and file it with the clerk of superior court.
- Obtain a professional appraisal. Hire a licensed North Carolina real estate appraiser to establish fair market value. Use this report when negotiating with co-owners, listing agents, or the court.
- Agree to sell or buy out interests. If all owners consent, sign a deed (or deeds) to transfer the property to one party or to a third-party buyer.
- File a partition action if owners disagree. When co-owners cannot agree on sale terms, file under Chapter 46 of the N.C. General Statutes. The court can order a physical division or a sale and distribute proceeds according to ownership shares.
- Close the sale and distribute proceeds. Apply net proceeds to estate debts, closing costs, commissions, and taxes. Remaining funds go to heirs or devisees per ownership shares or will instructions.
Key Points to Remember
- Check the deed for joint tenancy vs. tenants in common.
- Obtain multiple certified death certificates right away.
- Record affidavits of survivorship for joint tenancy transfers.
- Open probate and secure letters of administration when needed.
- Order a licensed appraisal before listing the property.
- Consider a partition action if co-owners cannot reach agreement.
- Distribute net sale proceeds according to estate law and title documentation.
Clearing title to an inherited property in North Carolina involves precise legal steps. Skipping a step can delay your sale and create liability. Let Pierce Law Group guide you through probate administration and title clearance for a smooth transaction.
Contact our Probate team at Pierce Law Group today. Email us at intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.
