Can I challenge or recover assets sold by a court-appointed guardian or conservator? – North Carolina Short Answer In North Carolina, undoing a court-approved guardian sale to a good‑faith buyer is rare and typically requires proof of fraud or a fatal procedural defect. The usual path is to open the estate, force a full final…
What debts and creditor claims must be addressed before distributing a decedent’s estate under probate? – North Carolina Short Answer In North Carolina, an executor must pay estate costs and the family’s year’s allowance first, then pay creditors in a strict statutory order, before making any distributions. Creditors must be given notice and a chance…
Can I do a simplified probate to change the title without full estate administration? – North Carolina Short Answer Yes. In North Carolina, you can usually clear title to real estate by probating the will without qualifying a personal representative. Filing a will without probate is not enough. You must offer the will for probate…
How do I sell or distribute proceeds from property inherited under a will? – North Carolina Short Answer In North Carolina, you must first probate the will with the Clerk of Superior Court before you can sell estate real estate or distribute proceeds. If the will gives the personal representative title or a power of…
Do I need to file the will in North Carolina to retitle inherited property? – North Carolina Short Answer Yes. In North Carolina, you generally must offer the will for probate with the Clerk of Superior Court before the will is effective to pass or clear title to real estate. There is no overall deadline…
What are the steps to open probate years after a parent’s death to clear a deed? – North Carolina Short Answer In North Carolina, you may offer a will for probate even years after death. To clear title, file the original will with the Clerk of Superior Court in the proper county and either (a)…
Can my siblings renounce priority or waive bond so I can serve as administrator without posting bond? – North Carolina Short Answer Yes. In a North Carolina intestate estate, siblings with equal priority can renounce their right to serve and nominate you. You may serve without bond only if you are a North Carolina resident,…
What formal steps are needed to file a revocation of power of attorney in North Carolina? – North Carolina Short Answer In North Carolina, revoke a financial power of attorney by signing a written, notarized revocation, delivering notice to the agent, and recording the revocation with the Register of Deeds if the original power was…
What form do I need to apply for letters of administration and where do I file it? – North Carolina Short Answer Use AOC-E-202, Application for Letters of Administration, to start an intestate (no-will) estate in North Carolina. File it with the Clerk of Superior Court (Estates Division) in the county where your parent was…
What are the key deadlines for filing an inventory, accounting, and creditor notice in probate? – North Carolina Short Answer In North Carolina, after you qualify and receive Letters, publish a Notice to Creditors and mail or deliver notice to known creditors within the statutory window, set a claims deadline at least three months after…
