How Do I File a Creditor Claim in a North Carolina Probate Estate to Recover Caregiving Expenses? If you provided unpaid care, medical transportation or household services to someone who died domiciled in North Carolina, you qualify as a creditor of that decedent’s estate. Filing a creditor claim preserves your right to seek reimbursement for…
FAQ 1: How Can a Personal Representative Resign in North Carolina Probate and What Happens Next? Under North Carolina law, a personal representative (sometimes called an administrator) may petition the clerk of superior court to resign their commission when they can no longer serve. N.C. Gen. Stat. § 28A-13-6 governs vacancies in a fiduciary’s office…
FAQ 1: How Do I Open an Intestate Estate in Mecklenburg County When My Parent Died Without a Will? If your parent died without a valid will in Mecklenburg County, North Carolina, you must open an intestate estate to protect assets and settle debts under N.C. Gen. Stat. § 28A-6-2. As the sole heir, you…
1. What Information and Documents Should I Gather Before My Initial Call with a North Carolina Probate Attorney? When you call a probate attorney about the estate of a loved one, providing clear, organized details speeds the intake process. In Wake County (as in other counties), the Clerk of Superior Court relies on certain documents…
FAQ 1: Do I need to open a probate estate for my mother in Cleveland County when her assets were limited and life insurance covered funeral expenses? In North Carolina, whether you must open a full probate estate depends on the size and type of assets your mother owned at her death. Under G.S. 28A-19-1,…
What steps must I follow to probate a missing will when only a copy exists in North Carolina? When a decedent’s original will cannot be located, North Carolina law allows you to probate a copy under the “solemn form” procedure. This process meets statutory requirements in N.C. Gen. Stat. § 28A-10-2, which governs probate of…
What Is a Petition to Sell Real Property in North Carolina Probate and When Must It Be Filed? Under North Carolina law, a personal representative (executor or administrator) must file a Petition to Sell Real Property and Make Assets when estate real property needs sale to pay debts or distribute proceeds. G.S. 28A-18-2 authorizes an…
How do I report and value my mother’s house on a North Carolina probate inventory? When you serve as executor in Durham County (or any North Carolina county), you must prepare and file an inventory of the decedent’s assets under N.C. Gen. Stat. § 28A-14-3. That inventory form (PR-500) divides property into Part One (cash,…
What steps must I take to recover surplus funds after a foreclosure in Wake County, NC? When an HOA or lender forecloses on North Carolina real property and sells it for more than the outstanding debt, the excess proceeds – called “surplus funds” – stay with the clerk of superior court until an entitled party…
How Can Co-Owners Retrieve Personal Belongings Under a North Carolina Probate Court Order? When someone dies and leaves real property to multiple owners, North Carolina law allows co-owners to remove their own personal items under court supervision. In Wake County and other jurisdictions, the clerk of superior court issues an order spelling out deadlines and…
