What steps can I take to challenge a home improvement claim filed by non-heirs? – North Carolina Short Answer In North Carolina, non-heirs who say they paid for improvements are treated like creditors. You can challenge the claim by testing its timeliness and legal basis, demanding proof of actual, reasonable costs that increased the property’s…
How do I enforce distribution of estate assets when co-heirs are delaying the sale? – North Carolina Short Answer In North Carolina, the personal representative (PR) can sell real estate to pay estate debts through a court-approved process, even if co-heirs object. The PR files a special proceeding with the Clerk of Superior Court (venue…
Can I recover personal items like my father’s truck and tools from the estate before or after sale? – North Carolina Short Answer In North Carolina, the personal representative (PR) controls a decedent’s personal property and must protect it for creditors and heirs. You generally cannot remove items like a vehicle or tools until the…
Can I serve as the sole estate administrator without my sibling’s signature? – North Carolina Short Answer Yes—under North Carolina law, one sibling can be appointed as the sole administrator even without the other sibling’s signature. If your sibling won’t sign a renunciation, the Clerk of Superior Court can still appoint you after required notice…
Will a house sale go through if no probate was done when the co-owner passed away? – North Carolina Short Answer In North Carolina, if a deed lists co-owners without survivorship rights, the deceased co-owner’s share did not pass to the survivor. It passed at death to the decedent’s heirs or to the person named…
What paperwork do I need to open a limited estate administration for a quick property sale? – North Carolina Short Answer In North Carolina, you open a “limited estate administration” by filing a sworn affidavit (petition) with the Clerk of Superior Court in the decedent’s county of domicile asking to be appointed as a limited…
How can I appoint myself as personal representative to sell a house I co-owned with someone who died? – North Carolina Short Answer In North Carolina, you cannot “appoint yourself.” The Clerk of Superior Court appoints a personal representative (PR). As a non‑spouse co‑owner, you may qualify, but an heir of the deceased has priority…
Should I go ahead and pay the decedent’s final personal taxes now or wait for estate funds? – North Carolina Short Answer In North Carolina, personal representatives should not pay most debts (including the decedent’s final income taxes) until the three-month creditor window has closed and you confirm the estate is solvent. Because a substantial…
What happens if I have to bring a jointly owned house back into the estate to satisfy a creditor claim? – North Carolina Short Answer In North Carolina, if ordinary estate assets are not enough to pay allowed debts, the personal representative can ask the Clerk of Superior Court to subject the decedent’s real estate—…
How do I get reimbursed from the estate for the home expenses I’ve paid out of pocket? – North Carolina Short Answer In North Carolina, a personal representative can be reimbursed for necessary and reasonable expenses of administering the estate if the Clerk of Superior Court approves them. Submit detailed receipts with your next account…
