Probate FAQs – Pierce Law Group Q1: I just turned 18 and I’m the sole heir in an intestate estate that my uncle opened. What changes now? Under North Carolina law, minors cannot bind themselves to contracts or manage an estate. Once you turn 18, you gain full legal capacity to control your inheritance. However,…
What Is an Elective Share Claim and How Does a Standstill Order Affect Estate Distributions in North Carolina? When a decedent’s will or intestate succession plan leaves a surviving spouse with less than one-third of the estate’s net value, North Carolina law grants an “elective share” to the spouse. Under N.C. Gen. Stat. § 30-3.1,…
FAQ 1: What Happens When Estate Real Property Faces Foreclosure During Probate in Wake County? When a decedent’s real property carries an existing mortgage or liens, the probate court may authorize its sale to satisfy estate debts. In Wake County, the clerk can approve a § 28A-15-1 sale of real estate “whenever it becomes necessary”…
Can an Executor Sell Inherited Real Estate Without Co‐Heirs’ Consent When the Will Directs a Sale? In North Carolina, a personal representative (executor) derives authority to administer estate assets from the will and from statute. N.C. Gen. Stat. § 28A-15-3 authorizes a personal representative to collect, manage, and liquidate estate property. If a will clearly…
FAQ 1: How can I recover my deceased mother’s missing personal property held by a family member? When you serve as the personal representative of an estate in North Carolina, you bear the duty to locate and secure all estate assets — including jewelry, credit cards, bank books or other personal items. If someone refuses…
Can I sign a warranty deed transferring inherited property during probate in Wake County? When someone dies leaving real estate, title to that property does not automatically pass to heirs until the estate is opened and a personal representative is appointed under N.C. Gen. Stat. § 28A-10-1. If you sign a warranty deed during probate,…
How can I retrieve personal belongings from a decedent’s home when an occupant refuses access under a North Carolina special proceeding? In a special proceeding under North Carolina law, a court may appoint a commissioner to sell real property when co-owners or heirs disagree. If one occupant refuses to allow others in to remove personal…
What information and documents should I provide during my initial call with a North Carolina probate attorney? When you contact a probate attorney in North Carolina, having key information ready helps us evaluate your situation and recommend next steps. Start by noting where the decedent lived—whether it’s Wake County (Cary), Mecklenburg County (Charlotte), or another…
1. What can I do if an executor distributes estate funds to someone not named in the will? Under North Carolina law, a personal representative owes a strict fiduciary duty to beneficiaries of the estate. That means you expect the executor to follow the will’s terms exactly. If your co-executor or sibling improperly disburses funds—such…
How do I open an intestate estate in Wake County when my loved one died without a will or beneficiary designations? When someone dies without a will or trust, North Carolina law treats them as “intestate.” Under N.C. Gen. Stat. § 28A-2-1, their estate passes to heirs based on a fixed priority order. If your…
