FAQ 1: How do I handle a will that has been marked or tampered with in North Carolina? Answer When someone alters or marks up a will after the testator’s death, North Carolina law treats the original document as potentially revoked or destroyed. To preserve your loved one’s true intentions and qualify as executor, you…
What proof of death does the clerk require and how to avoid an implied renunciation hearing in NC probate? 1. What proof of death does the Cleveland County Clerk of Court require to confirm heirs in a North Carolina probate? When you file a probate petition in Cleveland County, the Clerk’s office needs reliable evidence…
How do I open probate without a will and handle heirs when pursuing a wrongful death claim? 1. Opening Probate and Qualifying as Administrator in North Carolina (No Will) If your loved one died without a will in North Carolina, you must open probate in the county where they lived. For example, in Wake County…
Frequently Asked Questions: Obtaining Bank Records and Identifying Business Assets in North Carolina Probate 1. How do I obtain bank statements for a decedent’s estate and corporate accounts? When you qualify as a personal representative in North Carolina, the clerk of court issues a Letter of Administration (N.C. Gen. Stat. § 28A-11-1). The letter confirms…
1. What Happens When Retirement Accounts Name a Testamentary Trust as Beneficiary? In North Carolina, assets like IRAs, 401(k)s and brokerage accounts that name a beneficiary pass outside the probate estate. When a testamentary trust is designated, those accounts fund the trust rather than appearing on the estate inventory. Under N.C.G.S. §28A-18-2, payable-on-death and beneficiary-designated…
How do I open probate and sell estate property in Guilford County under a will? 1. Opening Probate and Appointing an Executor in Guilford County When a loved one passes away with a valid will in Guilford County, North Carolina, the first step is to file the original will and petition for appointment of the…
How do I probate North Carolina property from an out-of-state intestate estate? 1. What is Ancillary Probate and How Do I Open It in NC? When someone passes away owning real estate in North Carolina but was domiciled elsewhere, you must file an ancillary probate in the county where the property lies. If for example,…
1. How can I force the sale or division of inherited real estate through a partition action? When multiple heirs hold undivided interests in a single parcel—such as a farm —and they cannot agree on use or sale, North Carolina law allows any co-owner to file a partition action. Under N.C. Gen. Stat. §46-1, a…
Frequently Asked Questions 1. Are wrongful death settlement proceeds part of a decedent’s probate estate in North Carolina? Under North Carolina law, wrongful death proceeds follow a separate procedure from probate. You must open an estate in order to bring the wrongful death action, but any settlement or judgment does not become part of the…
How do I qualify and establish a testamentary trust with a bank in North Carolina? 1. Qualifying a Testamentary Trust with Your Bank or Credit Union When a will creates a trust that activates only after probate, banks and credit unions often ask to “qualify” that trust before they release or manage assets. In Wake…
