What information and documents should I gather before calling a North Carolina probate attorney? Detailed Answer When you prepare for a probate consultation, gathering the right information speeds up the process. Probate in North Carolina requires filing a petition with the clerk of superior court under NCGS 28A-12-1 and accounting for assets and debts under…
What steps must I follow to open an intestate estate in North Carolina when there is no valid will? Detailed Answer In North Carolina, when a person dies without a valid will, state law treats the estate as intestate. The clerk of superior court in the county where the decedent lived oversees the process under…
How Can a Personal Representative Resign in North Carolina Probate and What Happens Next? Detailed Answer In North Carolina, a personal representative (often called an executor or administrator) may decide to step away from administering an estate for many reasons: health concerns, conflicts of interest, or simply personal circumstances. State law provides a clear process…
How do I file a creditor claim in a North Carolina probate estate to recover unpaid caregiving costs? Filing a Creditor Claim in a North Carolina Probate Estate When an individual dies in North Carolina and their estate opens for probate, creditors—including those who provided caregiving services—must follow specific rules to submit a claim for…
How can heirs in North Carolina divide or sell inherited real property when they cannot agree? Detailed Answer When multiple heirs inherit real property in North Carolina and cannot reach an agreement on whether to keep, divide, or sell the land, state law provides clear steps for partitioning that property. Under North Carolina law, heirs…
What steps must I take to recover surplus funds after a foreclosure in North Carolina? Detailed Answer When a lender forecloses on real property in North Carolina under the power of sale, any amount paid at the foreclosure sale that exceeds the outstanding debt, interest, costs and fees becomes surplus funds. North Carolina law requires…
How do I report and value my mother’s house on a State of North Carolina probate inventory? Detailed Answer When you serve as personal representative for your mother’s estate, North Carolina law requires you to list and value all estate property, including her home, on a probate inventory. You must file this inventory with the…
What are the steps to probate a lost will copy under North Carolina’s solemn form procedure? Detailed Answer When a testator’s original will is lost or destroyed, North Carolina law allows you to probate a duly executed copy through the solemn form procedure. Under G.S. 28A-2-10, a court may admit a lost or destroyed will…
How Heirs in North Carolina Can Stop Foreclosure on an Inherited Property During Probate Detailed Answer When someone dies owning real estate with an outstanding mortgage, that property enters the probate estate. Heirs do not take title until the court appoints a personal representative (PR) and distributes assets. Meanwhile, a lender may move forward with…
Detailed Answer When someone dies, property they owned may pass through probate. If you share ownership of personal items with the decedent, you need to follow specific steps under North Carolina law. These steps let you recover your belongings lawfully and efficiently. 1. Determine the Type of Co-Ownership First, figure out whether the decedent and…
