North Carolina HB 976: Extreme Risk Protection Orders.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 976

Short Title: Uniform Partition of Heirs Property Act. (Public)
Sponsors: Representatives K. Hall, Reives, Schietzelt, and Turner (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
April 14, 2025
*H976-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE UNIFORM PARTITION OF HEIRS PROPERTY ACT. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. Article 2 of Chapter 46A of the General Statutes is amended by adding 4
a new Part to read: 5
"Part 4. Uniform Partition of Heirs Property Act. 6
"§ 46A-87. Short title. 7
This Part shall be known and may be cited as the "Uniform Partition of Heirs Property Act." 8
"§ 46A-88. Definitions. 9
As used in this Part, the following definitions apply: 10
(1) Ascendant. – An individual who precedes another individual in lineage, in the 11
direct line of ascent from the other individual. 12
(2) Collateral. – An individual who is related to another individual under the 13
operation of the intestate succession provisions of Chapter 29 of the General 14
Statutes but who is not the other individual's ascendant or descendant. 15
(3) Descendant. – An individual who follows another individual in lineage, in the 16
direct line of descent from the other individual. 17
(4) Determination of value. – A court order determining the fair market value of 18
heirs property under this Part or adopting the valuation of the property agreed 19
to by all cotenants. 20
(5) Heirs property. – Real property held in tenancy in common which satisfies all 21
of the following requirements as of the filing of a partition proceeding: 22
a. There is no agreement in a record binding all of the cotenants which 23
governs the partition of the property. 24
b. One or more of the cotenants acquired title from a relative, whether 25
living or deceased. 26
c. Any of the following apply: 27
1. Twenty percent (20%) or more of the interests are held by 28
cotenants who are relatives. 29
2. Twenty percent (20%) or more of the interests are held by an 30
individual who acquired title from a relative, whether living or 31
deceased. 32
3. Twenty percent (20%) or more of the cotenants are relatives. 33
(6) Partition by sale. – A court-ordered sale of the entire heirs property, whether 34
by auction, sealed bids, or open-market sale conducted under G.S. 46A-96. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 976-First Edition
(7) Partition in kind. – The division of heirs property into physically distinct and 1
separately titled parcels. 2
(8) Record. – Information that is inscribed on a tangible medium or that is stored 3
in an electronic or other medium and is retrievable in perceivable form. 4
(9) Relative. – An ascendant, descendant, or collateral or an individual otherwise 5
related to another individual by blood, marriage, adoption, or law of this State 6
other than this Part. 7
"§ 46A-89. Applicability; relation to other law. 8
(a) In a proceeding to partition real property under Article 2 of this Chapter, the court 9
shall determine whether the property is heirs property. If the court determines that the property 10
is heirs property, the property shall be partitioned under this Part unless all of the cotenants 11
otherwise agree in a record. 12
(b) This Part supplements Article 1 of this Chapter and the other Parts of this Article and, 13
if a proceeding is governed by this Part, replaces provisions of this Chapter that are inconsistent 14
with this Part. 15
"§ 46A-90. Service; notice by posting. 16
(a) This Part does not limit or affect the method by which service of a summons and 17
notice in a partition proceeding may be made. 18
(b) If the petitioner in a partition proceeding seeks authorization for notice by publication 19
and the court determines that the property may be heirs property, the petitioner, not later than 10 20
days after the court's determination, shall post a conspicuous sign on the property that is the 21
subject of the proceeding. The sign must state that the proceeding has commenced and identify 22
the name and address of the court and the common designation by which the property is known. 23
The court may require the petitioner to publish on the sign the name of the petitioner and the 24
known respondents. 25
"§ 46A-91. Commissioners. 26
If the court appoints commissioners pursuant to G.S. 46A-50 or G.S. 46A-76, each 27
commissioner, in addition to the requirements and disqualifications applicable to commissioners 28
in G.S. 46A-50, must be disinterested and impartial and not a party to or a participant in the 29
proceeding. 30
"§ 46A-92. Determination of value. 31
(a) Except as otherwise provided in subsections (b) and (c) of this section, if the court 32
determines that the property that is the subject of a partition proceeding is heirs property, the 33
cou