How can I get my share of the net proceeds after the partition sale of a co-owned house? — North Carolina Short Answer In North Carolina, you receive your share only after the sale is confirmed by the court, the commissioner pays sale costs and any liens, and the clerk approves the distribution. Then the…
What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? — North Carolina Short Answer In North Carolina, you generally do not “re-record” a deed. If the property was held as joint tenants with right of survivorship (or by spouses as tenants by the entirety), title passes…
How do I force my sibling to give me a copy of our parents’ estate plan in North Carolina after he ignored my formal request? — North Carolina Short Answer In North Carolina, you can ask the court to compel production of a will and, if needed, the clerk can enforce compliance by civil contempt.…
What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — North Carolina Short Answer In North Carolina, a personal representative must file sworn inventories and detailed annual/final accounts that show receipts, expenses, and distributions with supporting vouchers. If you received money without…
What documentation is required to prove I’m the next of kin and qualify as administrator in a reopened estate? — North Carolina Short Answer In North Carolina, when an estate is reopened, you prove next-of-kin status and qualify as administrator with: (1) a petition to reopen showing proper cause, (2) evidence of death, (3) proof…
What steps do I need to take when the original estate administrator has died before completing the probate? — North Carolina Short Answer In North Carolina, if the sole personal representative (executor or administrator) dies, the clerk of superior court appoints a successor to finish the estate. In an intestate estate, that successor is an…
How can I reopen my father’s closed estate in North Carolina so I can be appointed as administrator? — North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court in the original estate county to reopen the estate by filing a petition showing good cause, such as newly discovered assets or…
How long does it usually take to get an out-of-state will approved in North Carolina probate? — North Carolina Short Answer In a straightforward case, once you have the right documents, North Carolina clerks often admit an out-of-state will within a few days to two weeks. The longest delay is usually gathering certified or exemplified…
What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? — North Carolina Short Answer Under North Carolina partition law, only current co-owners (cotenants) can file for partition. If a title check or survey shows the property left your mother’s estate decades ago…
How do I prepare for a partition hearing when a co-owner changes their mind about selling the property? — North Carolina Short Answer In North Carolina, partition cases are special proceedings before the clerk of superior court under Chapter 46A. The court prefers an in‑kind split (dividing the land) unless a party proves a sale…
