Category Archives: Probate Q&A Series

How can I successfully file an affidavit of collection of personal property to be appointed as the personal representative and retrieve my loved one’s belongings from the police?

How Can I Retrieve Personal Belongings Held by Law Enforcement? The process of recovering personal property from a deceased individual can be complex in North Carolina. When law enforcement holds items because they are part of a case or evidence, the proper legal procedure must be followed to have them released. Typically, you or the…

Can I pay the retainer fee on behalf of the executor, and does it need to be in my name or can it remain in the executor’s name?

FAQ 1: Can I Pay the Retainer Fee on Behalf of the Estate? In North Carolina probate cases, a retainer fee is typically set up in the name of the estate’s appointed representative. It is acceptable for a family member or another interested party to pay this fee on behalf of the estate. During our…

What steps should I follow to review the comparative market analysis and sign/return the acceptance of service if I haven’t received it?

What Is the Process for Purchasing an Inherited Property Interest in North Carolina Probate? When you are considering purchasing an inherited property interest during a probate case in North Carolina, the process involves several critical steps. Initially, the party interested in acquiring a portion of the property should obtain a fair comparative market analysis. This…

What legal recourse do I have if a relative misappropriates funds from a parent’s joint bank account?

How Can I Recover Funds from a Deceased Parent’s Account That Were Improperly Transferred? Many families face difficult situations when funds from a deceased parent’s account are transferred without proper consent. In North Carolina, questions often arise regarding the recovery of money where a relative or another family member moved funds from an individual’s account…

How can disputes over early distributions and asset valuations in a probate case be resolved without needing judicial relief from stay?

Is It Possible to Liquidate Real Property That Is Not an Estate Asset in North Carolina? In North Carolina probate, real property that is not listed as an estate asset cannot be simply liquidated to satisfy estate expenses. Often, as discussed in similar cases, the real property remains off the estate’s asset list if it…

Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents?

Can Exemplified Copies Be E-Filed in North Carolina Probate? In North Carolina probate cases, exemplified copies (copies that have been authenticated by the court clerk’s office) are generally acceptable when submitted electronically, unless a specific document requires an original hard copy. Often, the only document that must be presented in its original form is the…

Should I consult with both a probate attorney and a disability lawyer for managing my late mother’s estate and her related disability benefits, or can one attorney handle both aspects?

What Is a Small Estate and How Do I Qualify for Summary Administration in North Carolina? In North Carolina, an estate may qualify for summary (small estate) administration if its total value – excluding exempt assets – is less than $20,000. This streamlined process uses an affidavit of collection of personal property, minimizing court formalities…

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary?

How Can I Sell Estate Property to Pay Off Debts During Estate Administration in North Carolina? This question often arises when an executor needs to liquidate assets to satisfy the debts of an estate. In North Carolina probate, selling estate property is a structured process that requires careful adherence to legal procedures. When property—such as…

What legal options do I have to secure my one-third share of a property when an estate is intestate and my siblings dispute my rights?

How Can I Determine if a Probate Estate File Has Been Opened for a Deceased Parent’s Property in North Carolina? In North Carolina, once a decedent passes away, the property title typically remains in the deceased’s name—often listed generically as “Diana’s heirs” or similar—until someone opens a probate file. If you suspect that no probate…

How does a partition action work to force the sale of an inherited property when co-heirs cannot agree on its disposition?

What Is a Partition Action in North Carolina? A partition action is a legal proceeding used in North Carolina when co-owners of property—often family members inheriting real estate without a will—cannot agree on how to divide or dispose of the property. In cases where a property cannot be physically divided (for example, a single‐family home…