What are the procedures and timelines for reimbursement hearings and attorney fee allocations in North Carolina probate cases?

Probate Q&A Series

Understanding Reimbursement Hearings and Attorney Fee Allocations in North Carolina Probate 1. Detailed Answer When an estate in North Carolina nears distribution, the personal representative often seeks reimbursement for expenses and compensation for legal services. The Clerk of Superior Court oversees these requests. Below is an overview of the key steps, rules, and timelines you…

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank?

Probate Q&A Series

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank? Detailed Answer Starting probate or notifying your bank after a loved one’s death can feel overwhelming. Gathering the right paperwork and details in advance will streamline the process. In North Carolina, the clerk of superior…

What information and documents should I gather before contacting a North Carolina probate attorney?

Probate Q&A Series

What information and documents should I gather before contacting a North Carolina probate attorney? Detailed Answer When you face the responsibility of administering an estate in North Carolina, preparing key information and documents in advance helps your probate attorney guide you efficiently. Gathering these items before your initial meeting accelerates the filing process, reduces costs…

What steps should a North Carolina personal representative follow to report and secure a missing estate vehicle?

Probate Q&A Series

What steps should a North Carolina personal representative follow to report and secure a missing estate vehicle? Detailed Answer When you serve as a personal representative in North Carolina, state law requires you to gather and protect every asset in the estate, including vehicles. North Carolina General Statutes Chapter 28A outlines your duties. In particular,…

Why must a guardian obtain a court order before selling a ward’s real property under North Carolina law?

Probate Q&A Series

Why Must a Guardian Obtain a Court Order Before Selling a Ward’s Real Property Under North Carolina Law? Detailed Answer Under North Carolina guardianship law, a guardian may manage a ward’s assets under N.C. Gen. Stat. § 35A-1201 (link), but cannot sell real property without the court’s prior approval. North Carolina General Statutes Chapter 35A,…

When is a local North Carolina probate attorney required based on the decedent’s residency or property ownership?

Probate Q&A Series

When is a local North Carolina probate attorney required based on the decedent’s residency or property ownership? 1. Detailed Answer In North Carolina, you must involve a probate attorney when you start an estate administration under two main scenarios: the decedent was a North Carolina resident, or the decedent owned real property in the State.…

How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law?

Probate Q&A Series

How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law? Detailed Answer When an LLC member dies, the decedent’s membership interest becomes part of the probate estate. The personal representative must collect, manage, and ultimately distribute that interest to the heir or beneficiary under the will…

How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings?

Probate Q&A Series

How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings? 1. Detailed Answer When an individual in North Carolina passes away, the personal representative (sometimes called the executor) must pay the estate’s debts and expenses before distributing property to heirs or beneficiaries. Two key types of administration expenses are attorney…

How do unrecorded or unsigned deeds impact property administration during North Carolina probate?

Probate Q&A Series

How do unrecorded or unsigned deeds impact property administration during North Carolina probate? Detailed Answer When someone dies owning real estate, the personal representative must identify and list every parcel in the estate under North Carolina’s probate laws. The key statute is N.C.G.S. § 28A-13-3. A valid deed transfers legal title when the grantor signs…