How do I file a Motion in the Cause to Appoint a Successor Guardian in Rowan County, NC? When an appointed guardian no longer meets the needs of a ward, North Carolina law allows interested parties to ask the court to replace the guardian through a “motion in the cause.” In Rowan County, the clerk…
What Is a Petition to Reopen a Closed Estate in North Carolina and How Do I Prepare for the Hearing? In North Carolina, heirs or interested parties may ask the clerk of superior court to reopen a closed estate when assets remain undistributed or accounting errors surface. Under N.C. Gen. Stat. § 28A-23-3, you must…
What can I do if an executor fails to file my father’s will in Cleveland County, NC? Under North Carolina law, an executor or person in possession of a decedent’s will must file the original with the county clerk’s office within 60 days of qualification or, if not qualified, within 60 days after learning of…
FAQ 1: How Can an Out-of-State Executor Appoint a Local Process Agent and Open Probate in Cumberland County, NC? Answer: If the person you’re naming as personal representative lives outside North Carolina, the clerk in Cumberland County will require a local registered agent (process agent) for service of process. Under N.C. Gen. Stat. § 28A-6-1,…
FAQ 1: How Do I Transfer Title to an Inherited House in North Carolina? In North Carolina, real property held by a decedent passes immediately to heirs by operation of law upon death. If your mother died owning the home in Carolina Shores (Brunswick County), you became the legal owner at the moment of her…
FAQ: What steps should I take to remove a deceased co-owner’s interest and sell an inherited property in North Carolina? North Carolina treats real estate held by multiple owners as undivided interests. When one co-owner dies without a will, their share passes by intestacy under N.C. Gen. Stat. § 29-14. If Stella held one-third of…
FAQ 1: How Do I Transfer a Co-Heir’s Interest in Inherited Property in North Carolina? When someone dies without a will in North Carolina, ownership “vests” immediately in heirs under North Carolina’s intestate-succession statutes. For example, if your mother passed away intestate and her one-third share of Duplin County real estate vested in you, your…
What Is the Spousal Allowance and How Does It Affect Probate in Orange County, NC? In North Carolina, a surviving spouse may claim a “spousal allowance” of up to $60,000 in personal property without opening a full probate estate. Under N.C. Gen. Stat. § 28A-18-2, a spouse can petition the clerk of court in the…
Can I Probate an English Will with a Handwritten Chinese Addendum in Durham County, North Carolina? When your loved one executes a primary will in English and later adds a handwritten amendment (codicil) in Chinese, you must determine if North Carolina courts will accept both documents. Under N.C. Gen. Stat. § 31-2 (link: https://www.ncleg.gov/Laws/GeneralStatuteSections/Chapter31/Article2?utm_source=plg_blog&utm_campaign=probate_qa), a…
Probate & Partition FAQs – Pierce Law Group How can I correct property description errors and clear title issues when selling inherited co-owned real estate in North Carolina? When you inherit real property with co-owners in North Carolina, clear title issues are critical before sale or partition. As your estate administrator or personal representative, you…
