What are my initial duties as an estate administrator after qualification and obtaining letters of administration in a North Carolina probate estate? Once the Clerk of Superior Court appoints you as administrator and issues your letters of administration, your primary duties begin. In Surrey County (as an example), you must gather, preserve, and account for…
How Do I Review and Reconcile Estate Tax Filings and Partnership Records in a North Carolina Probate and Partition Context? Answer When you administer an estate where some assets also appear on partnership books, you must separate what belongs to the decedent’s estate from what belongs to the partnership. In Wake County (as in other…
FAQ 1: What Is a Consent Judgment in a Partition Action in Forsyth County, North Carolina? Answer A consent judgment in a partition action lets all co-tenants agree on how to divide or sell property without a contested hearing. In Forsyth County, once one party files a petition to partition under N.C. Gen. Stat. §…
FAQ 1: How Can Heirs Force the Sale of Inherited Real Property When a Co-Owner Refuses to Cooperate? Under North Carolina law, when two or more heirs inherit real property and one refuses to agree to sell, any co-owner can file a partition action. The most common tool is a partition by sale under N.C.…
FAQ #1: Who Qualifies as an Heir Under North Carolina Intestate Succession When the Decedent Has an Adopted Minor Child with Disabilities? When someone dies without a valid will in North Carolina, the estate passes under the state’s intestate succession law. Under N.C. Gen. Stat. § 28A-2-1, an adopted child stands in the shoes of…
How can a beneficiary under guardianship collect life insurance proceeds in North Carolina? When a North Carolina resident dies owning a life insurance policy that names a beneficiary, those proceeds pass outside of probate. Under N.C. Gen. Stat. § 28A-19-2(f), the insurer must pay the designated beneficiary upon proof of death and completion of claim…
FAQ: What initial steps should I take to probate my mother’s will in Brunswick County, North Carolina? When a loved one dies leaving a will, the first step is to submit the original document to the Brunswick County Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-6-1, you file a petition to admit the…
FAQ 1: How Do I Open an Intestate Estate and Become the Administrator in Gaston County, North Carolina? Answer When someone dies without a will in North Carolina, the estate passes by intestate succession under N.C. Gen. Stat. § 28A-6-1. In Gaston County, the clerk of superior court appoints an administrator (formerly “executor”) from among…
FAQ 1: How do I reimburse creditor claims and distribute remaining estate funds into a joint account under North Carolina law? When a North Carolina estate closes, personal representatives must pay valid claims before distributing the balance to heirs. In Wake County (or your local county), you’ll typically use funds from estate bank accounts—like Wells…
FAQ 1: How Can My Father Amend a Revocable Trust After His Spouse’s Death in North Carolina? Your father’s revocable trust likely includes an amendment provision that lets him update terms when circumstances change—like the recent passing of his wife. Under North Carolina law, a settlor (the person who created the trust) may modify or…
