Short Answer

Yes. In North Carolina, co-owners can sign a written agreement that commits everyone to fund repairs, hire a broker, and sell at market value. If a co-owner is an incapacitated adult, only the court‑appointed guardian of the estate—after getting a court order—can sign for that owner. If the home was inherited within two years of death and the estate is still open, the personal representative must join the deed after notice to creditors is published.

Understanding the Problem

You want to know whether North Carolina co-owners can create a binding agreement to make repairs and sell an inherited house. One co-owner is an incapacitated parent under a court guardianship, so someone must be authorized to sign for that share. You also want to avoid a low investor offer and aim for a true market sale.

Apply the Law

Under North Carolina law, co-owners (tenants in common) may contract among themselves to repair and sell jointly owned real estate. The agreement is enforceable if all owners (or their authorized fiduciaries) sign and any required court approvals are obtained. A guardian of the estate must obtain a court order before selling a ward’s real property interest, and that sale follows judicial sale procedures. When real property is inherited, sales within two years of death require the personal representative to publish notice to creditors and to join in the deed before the estate’s final account is approved.

Key Requirements

• All signatures and authority: Every co-owner must sign; if an owner is incapacitated, the guardian of the estate signs only after the clerk authorizes the transaction.
• Estate timing rule: If within two years of death and before the estate’s final account, the personal representative must publish notice to creditors and join the deed for the sale to be effective as to creditors.
• Judicial sale mechanics: A guardian’s sale of the ward’s real estate must follow judicial sale rules (public or court‑authorized private sale with an upset‑bid period).
• Clear sale and repair terms: The agreement should set how repairs are approved and funded, who hires the broker, how list price is set (e.g., appraisals/CMAs), a price‑floor or acceptance rules, and dispute resolution.
• Court‑approval contingencies: Make duties contingent on required court orders and, if applicable, estate procedures, to avoid breaching the contract over timing you cannot control.

What the Statutes Say

• North Carolina Gen. Stat. § 28A-17-12 (Sales by heirs/devisees) – Within two years, sales require notice to creditors and the personal representative’s joinder before final accounting.
• North Carolina Gen. Stat. § 35A-1301 (Guardian sale or mortgage of ward’s real estate) – Guardian needs a court order; the order specifies the property and terms.
• North Carolina Gen. Stat. § 1-339.1 et seq. (Judicial sales) – Sets procedures for public and court‑authorized private sales, including upset bids.
• North Carolina Gen. Stat. § 28A-13-3 (Personal representative’s powers over real property) – PR may seek authority to take possession/control and manage real property when in the estate’s best interest.

Analysis

Apply the Rule to the Facts: Here, a co-ownership agreement can bind the family to make agreed repairs, hire a broker, and sell at market value. Because one owner is incapacitated, the guardian of the estate must first obtain a court order authorizing signature and sale for that share. If the death was less than two years ago and the estate remains open, the personal representative must publish notice to creditors and join the deed before closing; build that contingency into the agreement.

Process & Timing

1. Who files: Any co-owner (or counsel) drafts the co-ownership sale-and-repair agreement; include the guardian of the estate and, if the estate is open, the personal representative as parties. Where: Private contract; filings occur in the Clerk of Superior Court for any needed orders. What: Agreement with repair scope, broker/listing terms, valuation method, price‑floor, cost sharing, escrow, dispute resolution, and court‑approval contingencies. When: Before spending on repairs or listing.
2. Guardianship authority: The guardian of the estate files a petition with the Clerk of Superior Court under § 35A‑1301 seeking authority to sell or join in the sale. If granted, the order will dictate whether a public sale or court‑approved private sale with upset bids is used. Timing varies by county; plan several weeks for hearing and order.
3. Estate coordination and closing: If within two years of death and before the final account, ensure the personal representative publishes the creditor notice and joins the deed under § 28A‑17‑12. List the property, follow any judicial sale steps (including the 10‑day upset‑bid period, if applicable), then close and distribute proceeds per the agreement (escrow if the estate still needs clarity).

Exceptions & Pitfalls

• If any co-owner refuses to sign, a partition action may be required; a private agreement cannot force a non‑signer to sell.
• A guardian cannot bind the incapacitated owner without a court order; do not sign listing or sale documents until the order issues.
• Judicial sale requirements (including upset bids) may apply to a guardian’s sale; set expectations in the agreement so a private MLS offer is made “subject to court approval and any upset‑bid period.”
• Within two years of death, do not close without the personal representative’s joinder after creditor notice; otherwise, the sale can be void as to creditors and the estate.
• Allocate repair costs and specify reimbursement at closing; consider escrow if estate expenses are unresolved.

Talk to a Partition Action Attorney

If you’re dealing with co-owners, repairs, and a guardianship while trying to sell inherited real estate, our firm has experienced attorneys who can help you understand your options and timelines. 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.