What are my options to cancel or settle a long‑pending real estate contract without tipping off the other side to my strategy? nc

What are my options to cancel or settle a long‑pending real estate contract without tipping off the other side to my strategy? – North Carolina Short Answer In North Carolina, options to end or resolve a long-pending real estate contract tied to a decedent’s property usually fall into two buckets: (1) a negotiated release/settlement, or…

Can I file a petition to recover an estate asset like a car on my own, and what steps and forms are required in probate court? nc

Can I file a petition to recover an estate asset like a car on my own, and what steps and forms are required in probate court? – North Carolina Short Answer Yes—under North Carolina law, a personal representative (executor/administrator) can file to recover estate property, and in some situations an “interested person” can start an…

If a will leaves most assets to a surviving spouse but gives one property to a stepchild, how is the out-of-state property transferred? nc

If a will leaves most assets to a surviving spouse but gives one property to a stepchild, how is the out-of-state property transferred? – North Carolina Short Answer Under North Carolina probate practice, real estate is usually transferred under the law of the state where the land sits. So if a will gives a specific…

What happens to the deceased’s bank accounts during probate, and who is allowed to access them? nc

What happens to the deceased’s bank accounts during probate, and who is allowed to access them? – North Carolina Short Answer In North Carolina, a deceased person’s bank accounts are usually frozen once the bank or credit union learns of the death, and access typically shifts to the court-appointed personal representative (executor/administrator) after qualification. Accounts…

When listing sold personal property in a small‑estate affidavit, should the purchaser be shown as the recipient instead of the personal representative? nc

When listing sold personal property in a small‑estate affidavit, should the purchaser be shown as the recipient instead of the personal representative? – North Carolina Short Answer Usually, no. In a North Carolina small-estate “collection by affidavit” process, the affidavit is designed to show what estate property was collected by the affiant (the collector) and…

What happens if neither of us opens probate—can the court treat that as a renunciation so I can be appointed? nc

What happens if neither of us opens probate—can the court treat that as a renunciation so I can be appointed? – North Carolina Short Answer In North Carolina, the court (through the Clerk of Superior Court) generally does not treat “nobody opened probate” as an automatic renunciation. Instead, renunciation is usually established either by a…