How is a house in another state handled when the deceased owned it alone and the heirs now share ownership? – North Carolina Short Answer Under North Carolina probate practice, a personal representative’s authority comes from the state where the estate is opened, but real estate is usually controlled by the law and court process…
What should I do if I received court-related paperwork about a deceased parent’s property but I don’t know what the case is about? – North Carolina Short Answer In North Carolina, court paperwork about a deceased parent’s land usually means a probate (estate) file with the Clerk of Superior Court, or a land-related “special proceeding”…
How can I find out whether I’m listed as an heir or party in a case involving a deceased parent’s land? – North Carolina Short Answer In North Carolina, the fastest way to confirm whether a person is listed as an heir or a party in a court matter involving a deceased parent’s land is…
What can we do if the other co-administrator won’t share account statements or won’t communicate directly while we’re trying to complete the inventory? – North Carolina Short Answer In North Carolina, co-administrators are fiduciaries and the estate still must file a complete inventory and later accountings with the Clerk of Superior Court. If one co-administrator…
Is an older will from another state still valid if it was never filed or registered with the county? – North Carolina Short Answer In North Carolina, a will does not have to be filed or “registered” with a county while the person is alive to be valid. An older will signed in another state…
If I live out of state, how can I protect my rights in a court case involving inherited property? – North Carolina Short Answer In North Carolina, living out of state does not eliminate inheritance rights, but it can make it easier to miss notices and deadlines. Protecting rights usually means (1) identifying what North…
What does a motion for an extension of time to respond and a notice of appearance mean in a case about inherited land? – North Carolina Short Answer In North Carolina, a motion for an extension of time to respond usually means a party is asking the court for more time to file a formal…
What happens if multiple heirs are on the title to inherited land and not everyone agrees on what to do with it? – North Carolina Short Answer In North Carolina, when inherited land ends up owned by multiple heirs (co-owners) and they cannot agree, any co-owner can usually ask the court for a partition case.…
Can I be appointed as executor or administrator if the will doesn’t name an executor? – North Carolina Short Answer Yes. In North Carolina, if a will does not name an executor (or the named executor cannot or will not serve), the Clerk of Superior Court can appoint a qualified person to act as the…
What happens if the original will is lost in the mail or never reaches the courthouse? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually will not open a testate estate until the original will is in the file. If the original will was lost in the mail or otherwise…
