Prepare Legal North Carolina Heirship Affidavits Forms For Free

If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.

If multiple people own a piece of real estate, the first step is to decide whether they should buy each other out or sell the property. If they cannot agree, they will need to get legal help and file a petition in court that forces the sale of the property. This way, all beneficiaries can get what they are entitled to.

Heir property typically involves many people who have inherited shares in the property from the original deceased owner. People can leave their property in a will to anyone they choose. However, if a person dies without a will, then the law decides who inherits their property.

If the decedent has none of these relatives, assets generally are distributed to family members in the following order of priority: 1) parents; 2) siblings and the children, grandchildren, etc., of deceased siblings; 3) grandparents; 4) aunts and uncles and, if deceased, their descendants.

Deadline to Start Probate in North Carolina However, the general expectation is that the executor will begin the process within 60 days after the deceased's death. If they wait any longer, other parties can apply to become the estate administrator, which could lead to an extended legal battle.

In North Carolina, anyone who inherits or purchases even a small interest of heirs' property can potentially force other owners to sell against their will, often for well below fair market value. This type of ownership is common in North Carolina with an estimated $1.86 billion of heirs' land owned.