Can the heirs sell the jointly owned property before ancillary probate is completed? – North Carolina Short Answer Usually, no. In North Carolina, heirs generally cannot pass clear title within two years of death unless the personal representative has published notice to creditors and joins the deed. If the out-of-state land was held with a…
What steps are required to transfer the out-of-state property to the heirs through the probate process? – North Carolina Short Answer Under North Carolina law, real estate is governed by the law of the state where it sits. To clear title to out-of-state land, the North Carolina personal representative typically secures certified or exemplified copies…
How can I compel the other co-owner to provide mortgage payoff and equity statements for mediation? – North Carolina Short Answer In North Carolina partition cases, you do not have to rely on voluntary sharing at mediation. Use formal discovery (requests for documents/interrogatories) and, if needed, a subpoena to the lender to obtain current payoff…
Can I still complete the purchase of a probate property if the original bidder dies before closing? – North Carolina Short Answer Yes—under North Carolina law, a judicial sale is not final until it is confirmed by the Clerk of Superior Court. If the high bidder dies before closing, that bidder’s personal representative can usually…
How do I challenge a commissioner who delayed or combined estate property sales? – North Carolina Short Answer In North Carolina, you challenge a commissioner’s sale decisions by filing a motion or objection with the Clerk of Superior Court in the estate or special proceeding that authorized the sales. You can ask the clerk to…
How can I enforce my father’s successful bid on our family home after he died? – North Carolina Short Answer In North Carolina, a high bid at a court-ordered estate sale becomes enforceable only after the upset-bid period closes and the Clerk confirms the sale. If the high bidder dies before closing, the personal representative…
What options do I have to keep living in the house after the administrator of the estate asks for the keys? – North Carolina Short Answer In North Carolina, heirs own a decedent’s real estate at death, so the administrator cannot take possession just by asking for the keys. The administrator must either have immediate…
What documents are needed to recover excess proceeds after a tax sale? – North Carolina Short Answer In North Carolina, you recover surplus (excess) tax sale proceeds by filing a motion or petition in the tax foreclosure case asking the court to disburse the funds. You must prove your right to the money with documents…
Can multiple heirs file separate claims for the same surplus funds? – North Carolina Short Answer Yes. In North Carolina, more than one person can file a claim to the same surplus funds from a property sale, but the Clerk of Superior Court (or the foreclosure trustee) will resolve all competing claims in a single…
How do I prove eligibility to receive surplus proceeds in a closure file? – North Carolina Short Answer In North Carolina, you prove eligibility to surplus proceeds from a foreclosure by filing a motion or petition in the foreclosure file with the Clerk of Superior Court, showing who you are, why you have priority, and…
