What is the process for selling a property in a partition action? — North Carolina Short Answer In North Carolina, a co-owner starts a partition by filing a special proceeding with the Clerk of Superior Court in the county where the land sits. The clerk first prefers a physical split (partition in kind). If that…
How can I make an offer to buy out my co-owners in a partition case before the court orders a sale? — North Carolina Short Answer In North Carolina, you can buy out co-owners in a partition case in two main ways. If the property qualifies as “heirs property,” state law provides a statutory buyout…
What happens if mediation fails to resolve our partition and probate dispute—do we still need to go to court? — North Carolina Short Answer Yes. If mediation ends in impasse, your case returns to the Clerk of Superior Court for hearings and rulings. In a partition, the clerk will decide whether to divide the land…
How can I open probate in North Carolina for my sibling’s estate when I live out of state? — North Carolina Short Answer You can open probate in North Carolina even if you live out of state. Apply with the Clerk of Superior Court in the county where your sibling lived, submit the required forms,…
What steps do I need to take to settle my parent’s estate in North Carolina and also handle her property in another state? — North Carolina Short Answer Open the estate in the North Carolina county where your parent was domiciled, qualify with the Clerk of Superior Court, and complete the core probate steps (notice…
Can I require the co-heir to reimburse me for a recent appraisal before finalizing the estate buyout? — North Carolina Short Answer Not automatically. In North Carolina, a co-heir must reimburse you for an appraisal only if (1) the personal representative authorizes or adopts it as an estate expense approved by the Clerk of Superior…
How do I ensure the wrongful death settlement is filed correctly with the court and split as we agreed? — North Carolina Short Answer In North Carolina, the personal representative (PR) must handle and, in many cases, obtain court approval of a wrongful death settlement before distributing any money. Unless every adult beneficiary entitled to…
What steps are required to file and record a new deed after my wife’s death so my child becomes the owner? — North Carolina Short Answer In North Carolina, the exact steps depend on how the property was titled. If you and your wife owned the home as tenants by the entirety or as joint…
Do I still need a transfer-on-death deed or a payable-on-death designation if my will already leaves all my property to my daughter? — North Carolina Short Answer In North Carolina, your will controls only probate assets. Payable‑on‑death (POD) and transfer‑on‑death (TOD) registrations pass directly to the named beneficiary and are not governed by the will.…
Can I recover the property taxes and mortgage payments I’ve paid on our jointly inherited home in a partition action in North Carolina? — North Carolina Short Answer Yes, North Carolina courts commonly award a cotenant credits for necessary carrying costs—like property taxes, homeowner’s insurance, mortgage payments, and essential repairs—paid on jointly owned property. Those…
