How is inheritance determined when heirs were never legally adopted by the decedent? – North Carolina Short Answer In North Carolina, a person inherits as a “child” in intestacy only if they are the decedent’s biological child (with paternity/maternity established as the law requires) or a child legally adopted by the decedent. Stepchildren or individuals…
How can I regain access to estate funds when I was removed as an account holder? – North Carolina Short Answer In North Carolina, you cannot use the decedent’s bank account just because you were a signer. The bank is right to revoke access after death. To access estate funds, you must obtain legal authority:…
What legal options do I have to ensure my inheritance rights from overseas? – North Carolina Short Answer In North Carolina, an heir living abroad can use the Clerk of Superior Court’s estate proceedings to compel a copy of a will, require inventories and accounts, and recover estate property. If a nonresident decedent owned North…
What steps can I take to confirm if a will was valid and filed? – North Carolina Short Answer In North Carolina, wills are filed and probated with the Clerk of Superior Court (Estates Division) in the county where the person lived at death. Once admitted to probate, the original will stays with the clerk…
How do rights of survivorship affect probate when one decedent’s property transfers automatically? – North Carolina Short Answer In North Carolina, property held with a valid right of survivorship (or similar beneficiary designations) passes directly to the survivor and usually does not require probate. A will still must be delivered to the Clerk if one…
Can I challenge an estate accounting or actions taken by the administrator after final accounting? – North Carolina Short Answer Yes. In North Carolina, you can object to a proposed final accounting within 30 days if you were formally notified, and you can appeal a clerk’s order approving a final accounting within 10 days of…
How can I obtain a copy of my grandparents’ will when I live in another country? – North Carolina Short Answer In North Carolina, once a will is admitted to probate, it becomes a public record kept by the Clerk of Superior Court. You can request regular or certified copies from the clerk in the…
Can I complete ancillary probate remotely if I live out of state? – North Carolina Short Answer Yes—North Carolina allows a nonresident personal representative to obtain ancillary letters and handle most tasks without traveling. You file with the Clerk of Superior Court in the county where the North Carolina property is located, provide certified or…
What documentation do I need to transfer undeveloped property through ancillary probate? – North Carolina Short Answer In North Carolina, you typically need (1) certified or exemplified copies of the domiciliary court’s letters of appointment and, if there is a will, the certified copy of the will and its probate order; (2) an application for…
How can I find out if the stocks and bonds I’m named on were transferred to me after my friend’s death? – North Carolina Short Answer In North Carolina, transfer-on-death (TOD) stocks and bonds pass directly to the named beneficiary when the owner dies, outside of probate, once you give the firm the required paperwork.…
