If family members verbally agree that one person gets the property and another gets everything else, does that agreement count legally? – North Carolina Short Answer Usually not by itself. In North Carolina, when someone dies without a will, the estate must be distributed under the state’s intestate succession rules unless the heirs make a…
If a piece of out-of-state property is specifically gifted to a child in the will, does that property still have to go through probate to transfer the deed? – North Carolina Short Answer Usually, yes. If the deed is for real estate located outside North Carolina, the transfer typically must follow the probate (or “ancillary…
What can I do if I found estate filings for my parent online but I never received any notice from the court or a lawyer? – North Carolina Short Answer In North Carolina, many estate steps happen through the Clerk of Superior Court and may not include mailed notice to every adult child at the…
Do I need to open a separate account or take any special steps to pay taxes and expenses for inherited property outside the estate? – North Carolina Short Answer Usually, no separate bank account is required just because inherited real property is located outside the North Carolina estate. The key question is whether the payment…
What happens if another relative tries to transfer or take estate property before the estate is opened? – North Carolina Short Answer In North Carolina, a relative generally does not have legal authority to sell, deed, or “take over” estate property just because they are family. Until the Clerk of Superior Court appoints a personal…
How do I make sure I’m filing the probate paperwork correctly as the estate administrator when there was no will? – North Carolina Short Answer In North Carolina, an administrator of an estate with no will must follow the Clerk of Superior Court’s estate administration requirements: open the estate in the right county, file the…
Does a surviving spouse’s allowance claim override gifts in the will and prevent other beneficiaries from receiving property? – North Carolina Short Answer Sometimes. In North Carolina, a surviving spouse can claim a spouse’s allowance (often called a “year’s allowance”), and the clerk can award up to $60,000 in the decedent’s cash and personal property…
What happens to an estate case if an heir or interested family member dies during the process? – North Carolina Short Answer In North Carolina, the estate administration usually does not stop if an heir or other interested family member dies during the process. Instead, that person’s share typically becomes part of their own estate…
How do I file a petition to force an executor or personal representative to provide an accounting? – North Carolina Short Answer In North Carolina, an interested person can ask the Clerk of Superior Court (the probate court) to order an executor or personal representative to file a proper estate accounting. The usual path is…
Can I ask the court to remove the executor or personal representative if they are mishandling the estate? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (such as an heir, beneficiary, or creditor) can ask the Clerk of Superior Court overseeing the estate to revoke the executor’s or administrator’s authority (their…
