If a co-owner dies, do we need an estate to sell in partition? | NC

About this video

Q: What happens in a partition case if one of the co-owners dies—do we need to open an estate to sell or transfer good title? A: A co-owner’s death usually does not stop a partition case—but it does mean the case has to be updated so the deceased owner’s interest is represented by the right living party. The court can only enter orders that bind the people who actually hold the interests now,…