How do I probate a will in North Carolina and handle foreign or out-of-state assets? 1. Which North Carolina county should I file probate in when the decedent lived in multiple places? In North Carolina, you open probate in the county where the decedent was domiciled at death. “Domicile” means the permanent home to which…
Frequently Asked Questions: Serving as Executor and Probate of Online Wills in North Carolina 1. Can one person serve as both executor and agent under a power of attorney? Under North Carolina law, an agent under a power of attorney cannot act after the principal’s death. Powers of attorney end when the principal dies (N.C.G.S.…
FAQ 1: How do I open and administer related estates in different North Carolina counties? When a grandmother dies in Carteret County and her son dies two weeks later in Franklin County, you must open two separate probate estates. The grandmother’s estate must be filed first because her assets pass to her heirs, including her…
Probate FAQs: Protecting Your Interest and Executor Qualification in North Carolina 1. Can an Executor Add Me as Joint Owner to Prevent Sale of Inherited Property? When your grandmother’s estate passes through probate, the executor named in the will—in this case in Randolph County—becomes the legal owner of real property once assets distribute. If the…
Frequently Asked Questions 1. How do I handle assets that passed to my stepmother by survivorship now that she has died? Under North Carolina law, assets titled in joint tenancy or as tenants by the entirety pass automatically to the surviving owner when one spouse dies. In this call, the decedent’s house, car and joint…
How to Avoid Duplicate Probate Filings, Submit Notarized Inventory, and Increase Bond in North Carolina 1. Avoiding Duplicate Filings with Odyssey E-Filing in Wake County When Wake County (or your local clerk) moved to the Odyssey e-filing system, offices often retained paper copies for pre-Odyssey cases. To prevent duplicate filing issues: • Understand the transition…
How Do I Name a Sibling to Manage My Mother’s Estate and Locate a Probate Attorney in Moore County, NC? FAQ 1: How to Legally Designate a Sibling as Estate Manager In North Carolina, you cannot simply point to an informal family agreement and expect banks or the courthouse to honor it. You need a…
FAQs: Opening Probate and Handling Debts in Orange County, NC 1. How do I open probate as an executor in Orange County, North Carolina? When a loved one dies with a will, the named executor must “qualify” by filing paperwork with the Orange County Clerk of Superior Court. Under North Carolina law, administration begins when…
1. How do I open an intestate estate in the correct North Carolina county? When someone dies without a will, North Carolina law treats the estate as “intestate.” The clerk of superior court in the county where the decedent lived at death handles probate. If your loved one moved between addresses, review these guidelines: Determining…
FAQ 1: When Can an Adult Child Under 21 Receive Their Deceased Parent’s Personal Belongings? If your daughter is under 21 and named in her mother’s will as the beneficiary of personal property, the personal representative may hold those items until she reaches the age of distribution. North Carolina Law on Minor Beneficiaries Under North…
