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

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…

How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will?

How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will? Detailed Answer In North Carolina, when someone dies without a will (intestate), state law determines who inherits the estate. A surviving spouse has a statutory share under the intestate succession statutes in Chapter 29 of the…

How can I enter estate property and retrieve my personal belongings under a North Carolina probate court order?

Understanding Court-Authorized Access to Estate Property Under North Carolina probate law, a decedent’s personal representative holds exclusive control over all estate property. Beneficiaries and heirs may not enter a decedent’s home or other property to collect personal belongings without written permission or a court order. Attempting to enter without approval can lead to civil liability…

If a decedent’s assets are under $20,000 and life insurance covered costs, must I file full North Carolina probate?

Detailed Answer In North Carolina, you do not always need to open a full probate case when a decedent’s estate falls below certain thresholds and life insurance proceeds cover funeral expenses and other debts. Under North Carolina’s small estate provisions, you can use a simplified procedure for estates with personal property valued at $20,000 or…