Sen. Settle files bill in North Carolina Senate on heirs property partition procedures

A new bill filed by State Sen. Eddie D. Settle in the North Carolina Senate seeks to establish clear procedures for partitioning heirs’ property to ensure fair division among cotenants, according to the North Carolina State Senate.

The bill, filed as SB 317 on March 17 during the 2025 regular session, was formally listed with the short title: ‘Uniform Partition of Heirs Property Act.’

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill enacts the Uniform Partition of Heirs Property Act, detailing procedures for the partitioning of heirs’ property, defined as real property held in tenancy in common under specific conditions. It mandates court determination of whether a property qualifies as heirs’ property and, if so, dictates partitioning must follow the act unless cotenants agree otherwise. The bill outlines processes for determining fair market value through appraisals, cotenant buyouts, partition alternatives, and considerations for partition in kind versus sale. It specifies sale methods, including open-market sales, sealed bids, or auctions, and includes regulations on appraiser appointments and reporting requirements. The bill aims to ensure fair division among cotenants, considering factors like sentimental value and collective duration of ownership. The legislation becomes effective Jan. 1, 2026, applicable to partition petitions filed thereafter.

Of the three sponsors of this bill, Settle proposed the most bills (16) during the 2025 regular session.

Bills in North Carolina follow a multi-step process before becoming law. A lawmaker starts by filing a bill, which is assigned to a committee for review. The bill must be read three times in each chamber. If one chamber changes the bill after the other passes it, both must agree on the final version. Once both chambers approve the same bill, it goes to the governor, who has 10 days (or 30 if the legislature is not in session) to sign, veto, or let it become law without a signature.

You can read more about the bills and other measures here.

Settle graduated from Wilkes Community College in 1979 with an AA.

Settle, a Republican, was elected to the North Carolina State Senate in 2023 to represent the state’s 36th Senate district, replacing previous state senator Paul Newton.