Category Archives: Probate Q&A Series

How does the appointment of a public administrator and a full probate process affect my ability to obtain a clear title and protect my estate assets?

Is a Certificate of Probate from an Unapproved Application Valid? In North Carolina, a Certificate of Probate issued from a previously filed application that was never approved generally does not have legal effect. When a probate court issues such a certificate, it must be supported by a fully compliant application and proper approval procedures as…

What key considerations should I keep in mind when updating my estate plan—such as revising my will, transferring assets with survivorship designations, or establishing trusts—after the loss of a spouse?

How Do I Update My Will After the Death of My Spouse in North Carolina? Updating your will after the death of a spouse is an important step in ensuring that your estate reflects your current wishes. In North Carolina, a will can be revised or completely redrafted to remove or change beneficiaries. Following the…

What should I do if I receive conflicting instructions about where to send rent after my landlord’s death?

What Should I Do If My Deceased Landlord’s Estate Is Directing Me to Change Rent Payment Instructions? When your landlord dies and you receive conflicting instructions about where to send your rent, start by understanding that the deceased’s estate holds the funds until final distribution. In Brunswick County, North Carolina, the estate is administered through…

What is the typical timeline for probate in North Carolina and how can I expedite the process to quickly secure and manage the estate property?

How Can I Get the Probate Process Started Quickly When Property Needs Immediate Protection? In North Carolina, you can only begin protecting estate property after you have been properly appointed as the personal representative. The process starts once all necessary documents are signed and executed by the heirs. In cases where certain heirs, such as…

What legal steps can I take to evict a family member from an inherited property when their receipt of mail might create tenant rights?

How Can I Obtain a Restraining Order to Secure My Inherited Property in North Carolina? In North Carolina, the transfer of real property upon a loved one’s death is governed by probate law. Once probate is underway and title has passed to you, you hold full ownership rights—even if the property is not part of…

How do I file a wrongful death claim when the accident involves both commercial and personal auto policies, including additional property damage?

How Do I Initiate a Probate Claim Following a Fatal Motor Vehicle Accident in North Carolina? In North Carolina, initiating a probate claim after a fatal motor vehicle accident involves several steps designed to protect the rights of the deceased’s estate. When a fatality occurs—as in the case where a passenger perished due to the…

What steps should I take when initiating probate for an estate in a state where the deceased resided, and how do I find a qualified attorney licensed in that state?

Can a North Carolina Probate Attorney Handle an Estate for a Decedent Who Died in Another State? When an individual passes away in one state and their estate requires probate administration, the jurisdiction where the decedent resided or died generally governs the process. In North Carolina, probate matters are handled in accordance with state statutes…

What legal options do I have to protect my interests if a sibling initiates a forced partition sale on our family home, especially when key estate documents were never recorded?

What Is a Partition Sale in Probate and How Does It Work in North Carolina? A partition sale is a judicial process used to divide jointly owned property when co-heirs cannot agree on its disposition. In North Carolina probate cases, especially in counties across the state, a partition sale may be ordered by the court…

How are SBA loans and business debts handled in an estate when a borrower dies without a will, and what liabilities might the surviving spouse inherit?

What Happens When a Parent Dies Without a Will in North Carolina? When a parent dies intestate in North Carolina, the entire estate enters probate and is distributed according to state law. In cases where there is no will, North Carolina’s intestate succession statutes (for example, see N.C. Gen. Stat. Chapter 29) guide the division…

What are the initial steps to begin the probate process for an estate?

How Do I Initiate Probate Administration for an Estate in North Carolina? Initiating probate administration in North Carolina starts with filing a petition in the superior court of the county where the decedent last resided. For an estate such as that of Billy Dixon, the process requires gathering essential documents like the death certificate, any…