North Carolina 2025 Session Status: In Committee Bipartisan · 13 D · 11 R · 1 I cosponsors

HB 976 — Uniform Partition of Heirs Property Act.

Last action — Reptd Fav

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill is in committee in the House. Introduced April 10, 2025. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the House.

Prognosis

Advancing 42% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 25 sponsors

    3 primary, 22 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 3 parties (13 D · 11 R · 1 I) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

27 added · 26 removed

Plain-language change summary

The updated version of House Bill 976 includes the addition of several sponsors, reflecting broader support for the bill in the North Carolina legislature. The amendments also clarify procedures for partition proceedings, specifically regarding how property ownership interests are managed and how appraisals are handled in court, such as allowing for objections to appraisals. These changes are important because they aim to provide clearer guidelines for the division of property among co-owners, which can reduce disputes and make the legal process more efficient.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 976 Short Title:
976 Apr 10, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40492-NO-47 Short Title:
Representative K.
Representatives K.
Hall.
Hall, Reives, Schietzelt, and Turner (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM PARTITION OF HEIRS PROPERTY ACT.
Judiciary 1, if favorable, Rules, Calendar, and Operations of the House April 14, 2025 A BILL TO BE ENTITLED AN ACT TO ENACT THE UNIFORM PARTITION OF HEIRS PROPERTY ACT.
Article 2 of Chapter 46A of the General Statutes is amended by adding a new Part to read:
Article 2 of Chapter 46A of the General Statutes is amended byadding a new Part to read:
*DRH40492-NO-47* General Assembly Of North Carolina Session 2025 (7) Partition in kind.
*H976-v-1* General Assembly Of North Carolina Session 2025 (7) Partition in kind.
– An ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this State other than this Part.
– An ascendant, descendant, or collateral or an individual otherwise related to another individual byblood, marriage, adoption, or law of this State other than this Part.
(b) If the petitioner in a partition proceeding seeks authorization for notice by publication and the court determines that the property may be heirs property, the petitioner, not later than 10 days after the court's determination, shall post a conspicuous sign on the property that is the subject of the proceeding.
(b) If the petitioner in a partition proceeding seeks authorization for notice bypublication and the court determines that the property may be heirs property, the petitioner, not later than 10 days after the court's determination, shall post a conspicuous sign on the property that is the subject of the proceeding.
Oncompletionoftheappraisal, theappraisershall fileasworn or verified appraisal with the court.
Oncompletionofthe appraisal, theappraisershall fileasworn or verified appraisal with the court.
Page 2 DRH40492-NO-47 General Assembly Of North Carolina Session 2025 (3) That a party may file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
Page 2 House Bill 976-First Edition General Assembly Of North Carolina Session 2025 (3) That a partymay file with the court an objection to the appraisal not later than 30 days after the notice is sent, stating the grounds for the objection.
(1) If all electing cotenants timely pay their apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.
(1) If all electing cotenants timelypaytheir apportioned price into court, the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to them.
(3) If one or more but not all of the electing cotenants fail to pay their apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.
(3) If one or more but not all of the electingcotenants fail to paytheir apportioned price on time, the court shall give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all that interest.
DRH40492-NO-47 Page 3 General Assembly Of North Carolina Session 2025 (f) No later than 20 days after the court gives notice pursuant to subdivision (3) of subsection (e) of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court.
House Bill 976-First Edition Page 3 General Assembly Of North Carolina Session 2025 (f) No later than 20 days after the court gives notice pursuant to subdivision (3) of subsection (e) of this section, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price into the court.
(g) No later than 45 days after the court sends notice to the parties pursuant to subsection (a) of this section, any cotenant entitled to buy aninterest under this section may request the court to authorize the sale as part of the pending proceeding of the interests of cotenants named as respondents and served with the complaint but that did not appear in the proceeding.
(g) No later than 45 days after the court sends notice to the parties pursuant to subsection (a) of this section, anycotenant entitled to buyan interest under this section mayrequest the court to authorize the sale as part of the pending proceeding of the interests of cotenants named as respondents and served with the complaint but that did not appear in the proceeding.
46A-93, a part of the property representing the combined interests of these Page 4 DRH40492-NO-47 General Assembly Of North Carolina Session 2025 cotenants as determined by the court and the shares of these cotenants shall be apportioned together as one parcel.
46A-93, a part of the property representing the combined interests of these Page 4 House Bill 976-First Edition General Assembly Of North Carolina Session 2025 cotenants as determined by the court and the shares of these cotenants shall be apportioned together as one parcel.
(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale by sealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(a) If the court orders a sale of heirs property, the sale must be an open-market sale unless the court finds that a sale bysealed bids or an auction would be more economically advantageous and in the best interest of the cotenants as a group.
(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the property for sale, the court shall appoint the broker and establish a reasonable commission.
(b) If the court orders an open-market sale and the parties, not later than 10 days after the entry of the order, agree on a real estate broker licensed in this State to offer the propertyfor sale, the court shall appoint the broker and establish a reasonable commission.
(d) If the broker appointed under subsection (b) of this section does not obtain within a reasonabletimean offerto purchasethe propertyforat least thedeterminationofvalue,the court, after hearing, may do any of the following:
(d) If the broker appointed under subsection (b) of this section does not obtain within a reasonabletimean offerto purchasethe propertyforat least thedetermination ofvalue, the court, after hearing, may do any of the following:
DRH40492-NO-47 Page 5 General Assembly Of North Carolina Session 2025 (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
House Bill 976-First Edition Page 5 General Assembly Of North Carolina Session 2025 (e) If the court orders a sale by sealed bids or an auction, the court shall set terms and conditions of the sale.
46A-96(b) to offer heirs property for open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under G.S.
46A-96(b) to offer heirs propertyfor open-market sale shall file a report with the court not later than seven days after receiving an offer to purchase the property for at least the value determined under G.S.
In apartition proceeding underthis Article,thecourtshall orderoneofthefollowingmethods of partitioning the real property:
In apartition proceeding underthis Article,thecourtshall order oneofthefollowingmethods of partitioning the real property:
Page 6 DRH40492-NO-47
Page 6 House Bill 976-First Edition
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How this bill changes current law

7 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill enacts the Uniform Partition of Heirs Property Act, adding detailed procedures and definitions regarding the partitioning of heirs property.

  • N.C.G.S. § 46A-96

    § 46A-96: Reserved for future codification purposes. → § 46A-87. Short title. This Part shall be known and may be cited as the "Uniform Partition of Heirs Property Act."

    This change replaces a reserved section with a new statutory part that establishes the title for the Uniform Partition of Heirs Property Act.

  • N.C.G.S. § 46A-96

    § 46A-88. Definitions. As used in this Part, the following definitions apply: ...

    This addition introduces a comprehensive list of definitions essential for understanding the procedures and terms used in the new Part.

  • N.C.G.S. § 46A-96

    § 46A-89. Applicability; relation to other law. (a) In a proceeding to partition real property under Article 2 of this Chapter, the court shall determine whether the property is heirs property...

    This provision establishes the criteria and process for determining if property qualifies as heirs property, affecting how partition proceedings are handled.

  • N.C.G.S. § 46A-96

    § 46A-90. Service; notice by posting. (a) This Part does not limit or affect the method by which service of a summons and notice in a partition proceeding may be made...

    This section clarifies the requirements for notice in partition proceedings, particularly for heirs property cases.

  • N.C.G.S. § 46A-50

    § 46A-91. Commissioners. If the court appoints commissioners pursuant to G.S. 46A-50 or G.S. 46A-76, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in G.S. 46A-50, must be disinterested and impartial and not a party to or a participant in the proceeding.

    This addition stipulates additional requirements for commissioners appointed in partition cases, ensuring impartiality.

  • N.C.G.S. § 46A-92

    § 46A-92. Determination of value. (a) Except as otherwise provided in subsections (b) and (c) of this section, if the court determines that the property that is the subject of a partition proceeding is heirs property, the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d) of this section.

    This new section mandates a court-ordered appraisal and specifies the process for determining the value of heirs property.

  • N.C.G.S. § 46A-92

    § 46A-93. Cotenant buyout. (a) If any cotenant requested partition by sale, after the determination of value under G.S. 46A-92, the court shall order the petitioner to send notice to the parties that any cotenant except a cotenant that requested partition by sale may buy all the interests of the cotenants that requested partition by sale.

    This section outlines the process and conditions under which a cotenant may buy out interests in a partition by sale.

Action History

  1. Reptd Fav

  2. Re-ref Com On Rules, Calendar, and Operations of the House

  3. Passed 1st Reading

  4. Ref to the Com on Judiciary 1, if favorable, Rules, Calendar, and Operations of the House

  5. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 22 co-sponsors · 154 not signed on

Sponsors (3)

Co-sponsors (22)

Not signed on (154)

154 members have not signed on to this bill.

Show all 154 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

housing technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 976?
HB 976 is sponsored by Jeff Zenger (Republican), Harry Warren (Republican), Lindsey Prather (Democratic), Rodney D. Pierce (Democratic), Garland E. Pierce (Democratic), Ray Pickett (Republican), Marcia Morey (Democratic), Nasif Majeed (U), Carolyn G. Logan (Democratic), Neal Jackson (Republican), Pricey Harrison (Democratic), Mike Colvin (Democratic), Tracy Clark (Democratic), Maria Cervania (Democratic), Jerry "Alan" Branson (Republican), John M. Blust (Republican), Brian Biggs (Republican), Mary Belk (Democratic), Jennifer Balkcom (Republican), Eric Ager (Democratic), Brian Turner (Democratic), Mike Schietzelt (Republican), Robert T. Reives, II (Democratic), Kyle Hall (Republican), and Jake Johnson (Republican).
What is the current status of HB 976?
This bill is in committee in the House. Introduced April 10, 2025. It must pass committee before a floor vote.
Where can I track HB 976?
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