How do I find out who is named executor and what that means for my share? – North Carolina Short Answer In North Carolina, the will itself names the executor. If the person holding the will won’t share it, you can ask the Clerk of Superior Court to order them to produce it. If no…
Am I entitled to information about estate assets before renouncing my rights to the estate? – North Carolina Short Answer In North Carolina, you do not have to renounce or sign away your inheritance to get information. If no estate is open, you can ask the Clerk of Superior Court to compel the person holding…
What happens if no will has been filed and I’m asked to sign a renunciation? – North Carolina Short Answer In North Carolina, do not sign anything until the will is filed with the Clerk of Superior Court and you know what you are giving up. A “renunciation” can mean either (1) giving up the…
How can I get a copy of my parent’s will when a relative is withholding it? – North Carolina Short Answer In North Carolina, you may ask the Clerk of Superior Court to order anyone holding the will to produce it. If the named executor hasn’t started probate within 60 days of death, any beneficiary…
Can my sibling and I serve together as co-administrators and share responsibilities in administering the estate? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court may appoint two people to serve as co-administrators of an intestate estate. Co-administrators can divide routine tasks by a written agreement filed and approved by…
How do I apply to be appointed administrator of my parent’s estate when they died without a will? – North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where your parent lived, using the Application for Letters of Administration. Children are among the first in line…
What steps are involved in publishing a notice to creditors and how long is the waiting period before selling estate property? – North Carolina Short Answer In North Carolina, after you qualify as personal representative, you must publish a notice to creditors once a week for four consecutive weeks and mail notice to known or…
Can I sell my late parent’s home as administrator and use the proceeds to pay the mortgage and debts? – North Carolina Short Answer Yes. In North Carolina, a court‑appointed administrator can sell a decedent’s real estate to raise money to pay valid estate debts if personal property is not enough. Because your parent died…
What rights do I have to estate assets if my sibling isn’t accounting for shared property documents? – North Carolina Short Answer In North Carolina, when a parent dies without a will, title to their non-survivorship real estate vests immediately in the heirs as tenants in common. Your sibling cannot unilaterally retitle the home to…
How do I demand a buyout of my share if my co-heir refuses to negotiate? – North Carolina Short Answer In North Carolina, you can trigger a buyout by filing a partition special proceeding with the Clerk of Superior Court in the county where the property sits. Because this is an “heirs property,” the court…
