When is the deadline to file an estate inventory in probate and can I request more time if needed? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) must file the estate inventory within three months of qualifying with the Clerk of Superior Court. You can request more time by…
Can the court divide large acreage farmland fairly between co-owners instead of selling it? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court must favor a partition in kind (physically dividing the land) if it can be done fairly. The court orders a sale only if an in-kind split would…
How can I force a private sale of our co-owned farmland when my co-owner won’t raise their buyout offer? – North Carolina Short Answer In North Carolina, a co-owner (tenant in common) can file a partition proceeding with the Clerk of Superior Court in the county where the land lies. If dividing the farmland would…
What steps do I need to take to pay property taxes and other real estate costs from the estate? – North Carolina Short Answer In North Carolina, you may use estate funds to pay property taxes, insurance, and basic upkeep on real estate only when those payments are necessary to preserve the property and you…
How can I reimburse myself for expenses I paid from my father’s joint account before the estate account was opened? – North Carolina Short Answer In North Carolina, you can seek reimbursement only for legitimate estate expenses that benefited the estate (for example, funeral costs or necessary administrative expenses). Because you paid them before qualification…
How do I properly distribute assets to my sibling and me after creditors are notified and notices publish? – North Carolina Short Answer In North Carolina, an executor distributes assets only after the creditor claim period ends and all valid claims, costs, and taxes are paid or adequately reserved. Pay claims in the statutory order,…
How can I open probate and qualify as administrator for my deceased sibling’s estate? – North Carolina Short Answer In North Carolina, you open probate by filing an Application for Letters of Administration with the Clerk of Superior Court in the county where your sibling lived at death. If you have appointment priority and are…
What steps do I need to take to locate and list all half-siblings as heirs in probate proceedings? – North Carolina Short Answer In North Carolina, half-siblings are treated the same as full siblings for intestate inheritance. To list them in probate, the personal representative must make a diligent, documented search for all heirs, include…
What is the process to sell or partition inherited real property through probate in North Carolina? Short Answer In North Carolina, a personal representative can sell estate real estate through a court-supervised special proceeding when it is needed to pay valid estate debts and doing so is in the estate’s best interest. If the estate…
Can I donate or scrap non-running vehicles and household items from an estate without personal liability? – North Carolina Short Answer In North Carolina, a personal representative may sell estate personal property without a court order, and may discard, donate, or scrap items that reasonably have no net value—if done prudently, documented, and reported in…
