What steps must heirs take to probate and sell inherited real property in North Carolina intestate estates? Detailed Answer When someone dies without a will in North Carolina, state law—Chapter 28A of the North Carolina General Statutes—governs the probate process. Heirs must open an intestate estate and, if selling inherited real property becomes necessary, obtain…
How can an out-of-state executor appoint a North Carolina resident process agent and open probate in North Carolina? Detailed Answer If you are named as executor (also called personal representative) but live outside North Carolina, state law requires you to designate a North Carolina resident as your agent for service of process. That agent accepts…
How to Locate and Probate a Lost or Unfiled Will in North Carolina 1. Detailed Answer: Finding and Admitting a Lost or Unfiled Will Losing or never filing an original will can complicate estate administration, but North Carolina law provides clear procedures to locate and admit a will. Here is a step-by-step guide: Step 1:…
How can I safeguard a minor child’s life insurance proceeds and restrict my spouse’s access under North Carolina law? Detailed Answer Life insurance proceeds payable to a minor raise unique issues in North Carolina. If a child is named directly as beneficiary, the proceeds cannot go into the child’s hands until the court approves a…
How to Challenge a Potentially Forged Will Admitted in North Carolina Probate 1. Detailed Answer When a will is admitted to probate in North Carolina, any interested person may contest its validity. Alleging forgery goes to the heart of whether the document truly represents the testator’s wishes. To challenge a potentially forged will, follow these…
How do I probate a copy of a will when the original is missing in North Carolina? Detailed Answer When the original will cannot be located after a testator’s death, North Carolina law allows you to submit a copy for probate under N.C. Gen. Stat. § 31-8. The clerk of superior court must be satisfied…
How are personal property items distributed under a State of North Carolina probate will, and how can heirs recover missing assets? Distribution of Personal Property under a North Carolina Will When a person dies with a valid North Carolina will, the personal representative must follow the testator’s instructions for distributing personal property. The will commonly…
What Evidence and Forms Are Needed to File a Successor Guardian Petition in North Carolina? Detailed Answer When someone appointed as guardian can no longer serve, a successor guardian steps in. North Carolina law lets interested parties ask the court to appoint a successor. You must file a petition, submit supporting evidence and use the…
Filing a Motion in the Cause to Appoint a Successor Guardian in North Carolina 1. Detailed Answer A motion in the cause allows you to ask the court that handled the original guardianship case to name a new guardian when the current guardian can no longer serve. North Carolina law, under N.C. Gen. Stat. §…
How do you petition to reopen a closed estate in North Carolina and prepare effectively for the hearing? Detailed Answer Sometimes an estate closes only to reveal overlooked assets, creditor claims or a mistake in distribution. North Carolina law lets you reopen a closed estate so the court can correct errors, distribute newly discovered property…
