Short Answer

In North Carolina, if a deed lists co-owners without survivorship rights, the deceased co-owner’s share did not pass to the survivor. It passed at death to the decedent’s heirs or to the person named in a valid will. A sale of 100% cannot close unless those heirs/devisees sign the deed or a court‑appointed personal representative is authorized to convey the decedent’s interest. With no probate opened, you will almost certainly need to open an estate to satisfy the buyer and the title insurer.

Understanding the Problem

You’re the surviving co-owner in North Carolina and want to sell a house now. The deed listed both names without survivorship rights. Can you close without doing probate for your late co-owner?

Apply the Law

North Carolina law treats co-ownership without survivorship as a tenancy in common. When one tenant in common dies, that person’s share does not pass to the surviving co-owner; it vests at death in the decedent’s heirs (if no will) or devisees (if there is a will). A personal representative (PR) can be appointed by the Clerk of Superior Court to administer the estate and, when necessary and properly authorized, take custody of or sell real property through the statutory process. Title insurers typically require either (1) all heirs/devisees join in the deed, or (2) a PR is appointed and authorized to convey the decedent’s interest.

Key Requirements

• Confirm the form of title: No survivorship language means each owner held a separate share that did not pass to the survivor.
• Identify who owns the decedent’s share now: On death, title to nonsurvivorship real estate vests in heirs/devisees, subject to the estate’s claims process.
• Choose a path to marketable title: Either all heirs/devisees sign the deed at closing, or a court‑appointed PR obtains authority to convey the decedent’s interest.
• If the PR will sell: Open the estate, obtain Letters, and file the required petition so the court can authorize a sale when needed to administer the estate.
• Give proper notice and include necessary parties: Heirs/devisees must be named and properly served in any court process to sell.

What the Statutes Say

• North Carolina Gen. Stat. § 41-2 (Survivorship between joint tenants abolished) – No survivorship unless the deed expressly provides for it.
• North Carolina Gen. Stat. § 28A-15-2 (Title to property at death) – Title to nonsurvivorship real property vests in heirs/devisees at death.
• North Carolina Gen. Stat. § 28A-13-3 (Powers and duties of personal representative) – PR may take possession/control of real property when in the estate’s best interest.
• North Carolina Gen. Stat. § 28A-17-2 (Petition to sell real property) – Sets petition contents when a PR seeks court authority to sell real estate.

Analysis

Apply the Rule to the Facts: Because the deed did not include survivorship rights, your late partner’s share did not pass to you. It vested at death in that person’s heirs or devisees. With no probate opened, there is no PR to act, so you cannot convey 100% unless every heir/devisee signs at closing. Since the buyer requires Letters of Administration, the practical path is to open the estate, appoint a PR, and either have the heirs/devisees join the deed or obtain court authority for the PR to sell the decedent’s share.

Process & Timing

1. Who files: An eligible person (often a next of kin or another qualified applicant) for the decedent files. Where: Clerk of Superior Court in the North Carolina county where the decedent lived. What: Application for Letters of Administration (AOC‑E‑202) and required supporting documents; bond or waivers may be needed. When: File as soon as possible; many clerks issue Letters within days if the packet is complete.
2. If the PR will sell the decedent’s interest, file a petition for authority to sell real property. The special proceeding is filed in the county where the property is located. The petition must describe the land and list all heirs/devisees. Those parties must be served. Hearings and confirmations can take several weeks and vary by county.
3. At closing, either (a) all heirs/devisees sign the deed with you, often alongside the PR, or (b) the court‑authorized PR executes the deed. The goal is marketable title for the buyer and the title insurer.

Exceptions & Pitfalls

• If there is a will, the devisee—not the next of kin—owns the decedent’s share; confirm and include the correct parties.
• Missing, minor, or incapacitated heirs require special handling (service, guardians, or additional court orders), which can delay closing.
• Omitting an heir/devisee from a sale proceeding can void the order as to that person; careful title work and proper service are critical.
• Substantial estate debts may require a court‑authorized sale; do not distribute sale proceeds before addressing creditor claims and the claims period.

Talk to a Probate Attorney

If you’re dealing with a co-owner’s death and a buyer who requires estate paperwork before closing, 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.