How quickly can a probate attorney start working after I sign the engagement agreement? – North Carolina Short Answer In North Carolina, a probate attorney can usually start working as soon as (1) the engagement agreement is signed and (2) any required retainer is paid, because those steps allow the lawyer to open the file,…
What do I need to do when the deceased owned real estate in more than one state, and how does ancillary probate work? – North Carolina Short Answer When a North Carolina estate includes real estate in another state, the North Carolina probate case usually stays the “main” (domiciliary) case, but a separate filing in…
How do I respond in an open probate case if I have a deadline coming up? – North Carolina Short Answer In many North Carolina probate disputes handled as “estate proceedings” before the Clerk of Superior Court, the response deadline commonly runs 20 days from service of an Estate Proceeding Summons. A formal “answer” is…
How do I figure out who legally owns inherited land when the will says it goes to the last living child but an executor has died and the deed was never updated? – North Carolina Short Answer In North Carolina, inherited land ownership usually turns on whether the will was properly probated and recorded in…
If there are two wills, how do I figure out which one controls the estate? – North Carolina Short Answer In North Carolina, the will that controls is the one the Clerk of Superior Court admits to probate as the decedent’s last valid will. When there are two wills, the later-dated will often controls, but…
If other heirs don’t want the land, how can they give up their interest so I can take ownership? – North Carolina Short Answer In North Carolina, an heir or person named in a will can give up (renounce) an inherited interest by signing a written, notarized renunciation and filing it under Chapter 31B, which…
How do I handle a deceased relative’s bank account if the bank says it will be sent to unclaimed property? – North Carolina Short Answer In North Carolina, the safest way to prevent a deceased person’s bank funds from drifting into “unclaimed property” is to have a court-appointed personal representative (executor/administrator) promptly present certified Letters…
What information and documents do I need to provide to file the estate application? – North Carolina Short Answer In North Carolina, an estate application filed with the Clerk of Superior Court usually requires basic identifying information about the decedent, a death record (often a certified death certificate), the original will (if there is one),…
What happens if there is no will, or if we are not sure whether a will exists? – North Carolina Short Answer In North Carolina, if no valid will is found and admitted to probate, the estate is handled as an “intestate” estate, meaning state law decides who inherits and who can serve as the…
If the deceased person did not own any real estate, do we still need to go through probate? – North Carolina Short Answer Not always. In North Carolina, probate (estate administration under the Clerk of Superior Court) is generally needed when the deceased person owned property in their name alone, even if there is no…
