Can I challenge or remove a lien on the property that secures a creditor claim in the probate sale? – North Carolina Short Answer In North Carolina, you generally cannot “remove” a valid, perfected lien in a probate sale. Liens on the real estate must be paid from the sale proceeds in order of legal…
How do I verify that creditors are paid in the correct priority order from the sale proceeds? – North Carolina Short Answer In North Carolina, liens attached to the real estate are paid from the sale proceeds first, in lien priority. Any remaining proceeds are then used to pay allowed estate claims in the statutory…
What happens if the administrator receives sale proceeds but fails to pay debts—can creditors come after my share or is she personally responsible? – North Carolina Short Answer In North Carolina, valid estate debts must be paid in the statutory order before any heir receives a distribution. If an administrator distributes sale proceeds without paying…
How do I locate all of my cousin’s assets and handle missing or incomplete paperwork? – North Carolina Short Answer In North Carolina, the court-appointed administrator has a duty and the legal tools to identify and secure all estate assets, even when records are missing. After qualifying with the Clerk of Superior Court, the administrator…
What steps do I need to open probate and file an inventory and creditor notice in North Carolina? – North Carolina Short Answer To open an intestate estate in North Carolina, apply with the Clerk of Superior Court for Letters of Administration, post any required bond, and (if you live out of state) appoint a…
Can we complete the probate process remotely if we live outside North Carolina? – North Carolina Short Answer Yes. In North Carolina, most probate steps can be handled from out of state by appointing a North Carolina resident process agent, signing the required forms before a notary, posting any required bond, and filing with the…
What happens to the home held by survivorship when the decedent died intestate without close heirs? – North Carolina Short Answer In North Carolina, a home titled with a right of survivorship passes automatically to the surviving co-owner at death and does not go through intestate probate. The lack of close heirs does not change…
How can my mother become the administrator of my cousin’s estate if there’s no will? – North Carolina Short Answer In North Carolina, a first cousin may qualify as administrator when there is no surviving spouse, child, parent, or sibling. Your mother applies with the Clerk of Superior Court in the county where your cousin…
What steps are needed to transfer real estate owned by a decedent in another city? – North Carolina Short Answer In North Carolina, title to real estate passes at death to the heirs (if no will) or to the devisees (if there is a probated will). To transfer or sell the property, either (1) the…
Can a verbally named person handle estate affairs if they weren’t formally appointed? – North Carolina Short Answer In North Carolina, no one has authority to manage a decedent’s estate until the Clerk of Superior Court appoints them and issues Letters. A verbal nomination gives no legal authority to handle property, pay bills, or sell…
