Holly Springs, NC asked in Contracts and Real Estate Law for North Carolina

Q: After having an offer accepted on a home it was determined that a deceased member of the seller has a heir who is a

a minor. The sellers now have to petition the court. What is the process and how long can it take?

Thank You

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1 Lawyer Answer
Cameron Lambe
Cameron Lambe
  • Raleigh, NC
  • Licensed in North Carolina

A: I assume from your question that it has already been determined that the minor does have a valid interest in the property? If the deceased had a will, that is not always the case, which is why I am inquiring.

If the heir does have an interest, the sellers will have to include the heir in the deed conveying the property. It would not normally be an extensive process (assuming the heir wants to sell), but because the heir is a minor, a guardian will need to be appointed for his/her interest in the property, and if they do not want to sell, this may protract the process as well. I cannot offer a time estimate, but there are multiple moving parts that will need to be dealt with.

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