FAQ 1: How Can I Compel Production of the Original Will in Randolph County, NC? If someone is withholding the decedent’s original will, North Carolina law provides a straightforward way for an interested person to ask the court to require its production. In Randolph County, you can petition the Clerk of Superior Court under the…
FAQ 1: How Can I Probate My Mother’s Handwritten Will When the Original Is Lost in Saluda, North Carolina? When a loved one in Saluda (Polk County) dies leaving only a photograph of a handwritten (“holographic”) will, you can still ask the Polk County Clerk of Superior Court to admit that copy to probate. North…
FAQ 1: What steps must I take to open an intestate estate in Wake County, NC when someone dies without a will? When a loved one dies without a will in Wake County—or anywhere in North Carolina—you must open an intestate estate to transfer title to heirs and protect occupancy rights. North Carolina law (N.C.…
Can a Handwritten (Holographic) Will Override Tenancy by the Entirety and Transfer Half of a North Carolina Marital Home? In North Carolina, real estate owned by spouses as tenants by the entirety passes outside of probate directly to the surviving spouse. See N.C. Gen. Stat. § 41-2. That means if a home in Brunswick County…
What initial steps must I follow to open an intestate estate in Mecklenburg County, North Carolina? When someone dies without a will in Mecklenburg County, you begin by opening an intestate estate under Chapter 28A of the North Carolina General Statutes. First, gather the decedent’s death certificate, a certified copy of the divorce decree (if…
How can I change the personal representative or attorney handling a long-pending probate estate in Henderson County, NC? If an estate has been open in Henderson County, NC, for decades and your current attorney or personal representative (PR) retires or you lose confidence in their service, you can petition the court to appoint a successor.…
How Do I Open an Intestate Estate in Wayne County, NC When Someone Dies Without a Will? When a person dies without a valid will in North Carolina, their estate passes under the laws of intestacy (see N.C. Gen. Stat. § 28A-2-1). In Wayne County, the first step is to petition the Clerk of Superior…
FAQ 1: How Do I Update an Existing Living Trust and Transfer Real Estate into It in North Carolina? If you have a living trust drafted years ago, it’s wise to have an attorney review it periodically. North Carolina law allows you to amend or restate a revocable living trust at any time during your…
Can stepchildren inherit under North Carolina intestacy laws without legal adoption or a will? North Carolina’s intestacy statutes distribute assets only to the decedent’s “children” as defined by blood or formal adoption. A court-approved adoption severs legal ties to the biological parents and establishes inheritance rights equivalent to those of natural children (see N.C. Gen.…
How do I compel co-executors in Nash County, NC, to file a decedent’s will? If appointed co-executors refuse to file a decedent’s will, beneficiaries can petition the Clerk of Superior Court in the county where the decedent lived—in this case, Nash County—to compel production and probate of the document. Under North Carolina law, any person…
