Category Archives: Probate Q&A Series

What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – NC

What rights does a long‑term, unmarried partner have to remain in the home and continue using jointly titled property when the other partner dies without a will? – North Carolina Short Answer In North Carolina, an unmarried partner generally does not inherit anything when the other partner dies without a will. Whether the surviving partner…

Can my attorney sign and file the year’s allowance petition for me if I am abroad, and what proof of authority is required? – NC

Can my attorney sign and file the year’s allowance petition for me if I am abroad, and what proof of authority is required? – North Carolina Short Answer In North Carolina, a surviving spouse’s claim for a year’s allowance generally must be filed by the surviving spouse or by the spouse’s agent under a durable…

What deadlines and filing steps should I know about for a year’s allowance during probate? NC

What deadlines and filing steps should I know about for a year’s allowance during probate? – North Carolina Short Answer In North Carolina, a surviving spouse usually claims a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where the estate has proper venue. If a personal representative…

Who is allowed to request estate account records — the personal representative, the attorney, or heirs? – NC

Who is allowed to request estate account records — the personal representative, the attorney, or heirs? – North Carolina Short Answer In North Carolina, the person with clear legal authority to request estate bank account records is the court-appointed personal representative (executor or administrator) acting under issued Letters. The personal representative’s attorney can usually request…

How long does probate typically take for real estate and what are the main steps? NC

How long does probate typically take for real estate and what are the main steps? – North Carolina Short Answer In North Carolina, a straightforward probate (estate administration) that involves real estate often takes around 9–18 months, but it can be shorter or longer depending on creditor issues, property readiness for sale, and how quickly…

How can I clear title and sell a house co-owned with a deceased relative when I can’t find all of that relative’s heirs? – NC

How can I clear title and sell a house co-owned with a deceased relative when I can’t find all of that relative’s heirs? – North Carolina Short Answer In North Carolina, clearing title to sell a house that was co-owned with a deceased relative usually requires a court-supervised probate or real-property special proceeding that brings…

How do I reopen a closed estate so a wrongful death claim can move forward? – NC

How do I reopen a closed estate so a wrongful death claim can move forward? – North Carolina Short Answer In North Carolina, a closed estate can be reopened by asking the clerk of superior court to reopen administration and appoint or reappoint a personal representative for the limited purpose of handling the wrongful death…

How do I verify that the organization asking about the estate is legitimate before sharing any details? – NC

How do I verify that the organization asking about the estate is legitimate before sharing any details? – North Carolina Short Answer Under North Carolina probate practice, a personal representative should confirm both the identity and legal interest of any organization before sharing estate information. This usually means independently verifying the agency’s name and contact…

Do I need a hearing for a year’s allowance, or can it be decided based on the paperwork? – NC

Do I need a hearing for a year’s allowance, or can it be decided based on the paperwork? – North Carolina Short Answer Under North Carolina law, a standard year’s allowance (family allowance) for a surviving spouse or child is usually decided by the clerk of superior court based on the written application and supporting…

Can an estate representative oppose a year’s allowance, and how are disputes over the allowance resolved? – NC

Can an estate representative oppose a year’s allowance, and how are disputes over the allowance resolved? – North Carolina Short Answer Under North Carolina law, a personal representative may oppose a year’s allowance awarded to a surviving spouse or eligible child. Any person with standing, including the personal representative, may file a contested estate proceeding…