Can I use a Small Estate Affidavit in North Carolina for assets under $20,000 to avoid full probate?

Detailed Answer In North Carolina, you can use a small estate affidavit to collect certain assets without opening a full probate estate—provided the estate meets strict requirements. Under North Carolina General Statutes § 28A-19-1, if a decedent’s estate consists solely of personal property valued at $20,000 or less (after deducting liens or encumbrances), a surviving…

How can co-owners in North Carolina resolve inherited property disputes without a costly public partition sale?

How Co-owners in North Carolina Can Resolve Inherited Property Disputes Without a Costly Public Partition Sale 1. Detailed Answer When heirs inherit real estate as co-owners, disputes often arise over whether to sell, keep or divide the property. North Carolina law allows any co-owner to force a public partition sale through the courts under N.C.G.S.…

What actions can a North Carolina personal representative take if their attorney fails to timely file an annual accounting?

What actions can a North Carolina personal representative take if their attorney fails to timely file an annual accounting? Detailed Answer Under North Carolina law, a personal representative must file an annual accounting within one year of qualifying and every year thereafter until the estate closes. See North Carolina General Statutes § 28A-21-4(c) (ncleg.gov/GS_28A-21-4). If…

Do I Need Florida Probate and North Carolina Ancillary Probate to Transfer North Carolina Property After an Out-of-State Intestate Death?

Do I Need Florida Probate and North Carolina Ancillary Probate to Transfer North Carolina Property After an Out-of-State Intestate Death? Detailed Answer When a person dies without a will (intestate) in Florida and owns real property in North Carolina, you must handle probate in both states. First, the personal representative files a probate case in…