Back to the article
Video guide
Can a partition action proceed while an estate is open? | NC
About this video
Q: What happens to a partition action when the property is still tied to an estate? A: Yes. Under North Carolina law, an open estate does not automatically stop a partition action involving inherited real property. The key question is whether the heirs or beneficiaries already own present interests as tenants in common or joint tenants. A possible future inheritance may not be enough. Every…