Do I need a death certificate to handle vehicle titles and accounts, and what can I do if the funeral home keeps delaying it? – North Carolina Short Answer Financial institutions and the DMV often ask for a certified death certificate, but North Carolina law does not always require it to start. The Clerk of…
Which county should handle the case if the death occurred in one county but the property and prior residence were in another? – North Carolina Short Answer In North Carolina, a partition case for real estate is filed in the county where the land sits, and the Clerk of Superior Court handles it as a…
Who has to sign and approve a sale when there is a life tenant and future owners involved? – North Carolina Short Answer In North Carolina, a voluntary sale of full ownership (fee simple) requires signatures from every current and future interest holder—typically the life tenant and all vested remainder owners. If any required signer…
Is there any way to shorten the post-sale appeal or waiting period so funds can be disbursed sooner? – North Carolina Short Answer Under North Carolina partition law, funds are typically released after the sale is final, fees are approved, and the Clerk signs a distribution order. The fastest path is to obtain a signed…
What happens if I wasn’t notified about a hearing in my partition case and missed it—can the record or orders be corrected afterward? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, the Clerk of Superior Court can correct clerical mistakes in an order, and a party can ask to set…
How can I make sure the final partition order lists all co-owners correctly and avoids duplicate payouts before it’s filed? – North Carolina Short Answer In North Carolina partition cases before the Clerk of Superior Court, the final order should identify every co-owner and state each share and credit before funds are released. If a…
Can I object to the commissioner’s fee and ask the judge to lower it without delaying distribution? – North Carolina Short Answer Yes. In a North Carolina partition by sale, a party can object to the commissioner’s requested fee and ask the court to reduce it. To avoid delaying payment, request that the court order…
Can I recover my legal fees or costs from the other owner if they drag out the case? – North Carolina Short Answer Usually, each side pays their own lawyer in a North Carolina partition case. However, the Clerk of Superior Court can tax “costs of the proceeding” (filing fees, service, commissioner, appraisal, survey, publication,…
How do I schedule a hearing for a partition action in this court? – North Carolina Short Answer In North Carolina, partition actions are special proceedings heard by the Clerk of Superior Court. After serving the petition and special proceeding summons and allowing the 10-day answer period to run, a party may contact the calendar…
Can I choose any date and time for my partition hearing or does the court set specific availability? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court controls the hearing calendar. A party may request a date, but the clerk sets hearings on the office’s available days and times…