Short Answer

In North Carolina, real estate that was not owned with a right of survivorship passes at death to the heirs (if there is no will) or to the devisees named in a will once the will is probated. Title vests at death, but it remains subject to the estate’s need to pay debts, taxes, and costs. If heirs are unknown or there is a dispute, you can ask the clerk of superior court to determine heirship in an estate proceeding and, if needed, move forward with a partition action to resolve co-ownership.

How North Carolina Law Applies

Start by confirming whether your grandparent left a will. If there is a valid will and it’s admitted to probate, the real property passes to the named beneficiaries (devisees), with title relating back to the date of death. If there is no will, North Carolina’s intestate succession laws decide who inherits and in what shares. Either way, nonsurvivorship real property vests at death in the heirs or devisees, but the personal representative (if one is appointed) can take possession and, in some cases, sell the property if needed to pay estate obligations.

When heirs are hard to identify or people disagree about the family tree, the clerk can handle an estate proceeding to determine who the heirs are. If some heirs are unknown, the court can require notice by publication and appoint a guardian ad litem to protect their interests before any distribution. After heirship is established, co-owners can sell by agreement or file a partition action if they cannot agree on what to do with the property.

Key Requirements

• Vesting of title: Nonsurvivorship real property vests in heirs at death (if intestate) or in devisees upon probate of the will, relating back to death. This vesting is subject to the personal representative’s limited rights to take possession or sell to pay debts and costs of administration.

• Survivorship and marital ownership: If the property was held with an express right of survivorship, the surviving co-owner takes the decedent’s share automatically. Property owned by spouses as tenants by the entirety passes to the surviving spouse outside probate.

• Intestate succession (no will): Heirs are determined by statute. A surviving spouse’s share depends on whether the decedent left children or parents; if there is no spouse, distribution goes to children, then parents, then siblings, and so on, using statutory rules to compute shares.

• Unknown/missing heirs: If names or residences are unknown, the court can require service by publication and appoint a guardian ad litem to investigate and answer on their behalf before the court enters an order identifying heirs.

• Sales within two years of death: If heirs want to sell within two years of death, a qualified personal representative should typically publish notice to creditors and join in the deed so the buyer gets clear title.

• Partition actions: If co-owners cannot agree, any cotenant may file a partition action under Chapter 46A to divide the property or request a sale if division is impractical or would cause substantial injury.

Process & Timing

1. Check for a will and file it, if found. If someone holds the original and won’t produce it, you can ask the clerk to compel production.

2. Open the estate as needed. If personal property or creditor issues require administration, a personal representative (PR) can be appointed to publish notice to creditors and manage claims.

3. Confirm ownership of the real estate. Pull the recorded deed(s) from the county Register of Deeds to see how title was held (sole name, spouses, joint tenancy with survivorship, or tenants in common).

4. Determine the heirs or devisees. If there is no will, apply the intestacy statutes. If identities are uncertain or disputed, file an estate proceeding asking the clerk to determine heirship. For unknown heirs, the court may order service by publication and appoint a guardian ad litem.

5. Address estate debts. Even though title vests in heirs/devisees, the PR can take possession and ask the court to authorize a sale to pay valid estate debts, taxes, and costs if necessary.

6. Document the chain of title. Heirs commonly record an affidavit of heirship with the Register of Deeds to show how title passed, but buyers and title insurers may still require probate steps or PR joinder within two years of death.

7. If the family can’t agree, file a partition. A cotenant may bring a partition action. The court identifies all owners, ensures notice (including publication/GALs if needed), and orders division in kind or a sale if division would cause injury, with proceeds divided by ownership shares.

What the Statutes Say

• N.C. Gen. Stat. § 28A-15-2: Explains that nonsurvivorship real property vests in heirs at death (intestate) or in devisees upon probate, relating back to death.
• N.C. Gen. Stat. § 28A-13-3: Gives the personal representative authority to take possession of real property when in the best interest of administration and to seek court orders, including sales to pay claims under related provisions.
• N.C. Gen. Stat. § 28A-15-1: States that, absent an exclusion, all of a decedent’s real and personal property may be used to pay debts and claims, and outlines the PR’s selection of assets.
• N.C. Gen. Stat. § 31-39: Addresses title passing under a will and the effect of probate for real property devised by will.
• N.C. Gen. Stat. § 29-14, § 29-15, and § 29-16: Set the framework for who inherits when there is no will and how to compute each share.
• N.C. Gen. Stat. § 41-2: Explains that joint tenancies do not include survivorship unless expressly stated.
• N.C. Gen. Stat. § 39-13.6: Confirms tenancy by the entirety between spouses and its survivorship incident.
• N.C. Gen. Stat. § 28A-2A-4: Allows the clerk to compel production of a will being withheld.
• N.C. Gen. Stat. § 28A-22-3: Provides the procedure to proceed against unknown heirs before distribution, including publication and appointment of a guardian ad litem.
• N.C. Gen. Stat. § 28A-17-12: Addresses sales, leases, or mortgages by heirs or devisees and when a personal representative should join to pass clear title.
• N.C. Gen. Stat. Chapter 46A: Governs partition proceedings to divide or sell co-owned real property when co-owners cannot agree.

Exceptions & Pitfalls

• Survivorship deeds change the result. If the deed created a right of survivorship, the survivor owns the property regardless of intestacy rules.

• Creditors still matter. Even though heirs take title at death, the PR can seek possession or court-ordered sale to pay valid claims and costs if estate assets are insufficient.

• Sales within two years of death: Without notice to creditors and PR joinder, a buyer may reject title. Coordinate with the PR to protect the sale.

• Missing or unknown heirs: Courts require proper notice and may appoint a guardian ad litem. Skipping these steps can cloud title and delay a partition or sale.

• Affidavit of heirship limitations: Affidavits help show chain of title but may not satisfy title insurers if the estate had debts, a will exists, or a sale occurs soon after death.

Helpful Hints

• Pull the last recorded deed and any deeds of trust from the county Register of Deeds to confirm how title was held.
• Search for a will in the county clerk’s vault, the decedent’s papers, and with the drafting law office. If someone is withholding a will, ask the clerk to compel production.
• Create a simple family tree with dates of birth/death and marital status to apply intestacy rules, and collect supporting records (marriage, birth, adoption).
• If heirs agree, record an affidavit of heirship to document title; if anyone disagrees or can’t be located, seek a court order determining heirs.
• Before listing property for sale within two years of death, make sure a personal representative has published notice to creditors and is ready to join the deed.
• If co-owners can’t agree, talk with counsel about partition strategy, service on all co-owners, and whether division in kind or sale is more practical.

Talk to a Partition Action Attorney

If you need to confirm who the heirs are and clear title so a family property can be divided or sold, 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.