How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in North Carolina Detailed Answer Why the Original Matters The Clerk of Superior Court will not open a formal estate until the original will (or an approved substitute) is filed. North Carolina law requires anyone who holds the will to deliver…
Understanding the Scope of Your North Carolina Probate Representation Agreement 1. Detailed Answer Before you sign any engagement letter, you need to know which tasks your probate lawyer will—and will not—handle. In North Carolina, the attorney–client contract controls the scope of work, but several touch-points guide the analysis: Key Contract Clauses to Review Scope of…
Detailed Answer: Preparing Jointly Owned North Carolina Property for Sale Before a Foreclosure Hearing When co-owners fall behind on a deed-of-trust loan, the lender may file a power-of-sale foreclosure and schedule a hearing under N.C. Gen. Stat. § 45-21.16. A voluntary sale before that date can generate enough cash to pay the arrears, satisfy the mortgage,…
How to Coordinate Realtor Selection With a Co-Owner for a Joint Property Sale in North Carolina Detailed Answer North Carolina treats most jointly owned real estate as tenancy in common. Each co-owner controls his or her share, yet major steps—such as hiring a real-estate broker—require everyone’s signature. Below are practical and legal options for selecting…
North Carolina Guide: Recovering Carrying Costs from a Co-Owner During a Joint Sale What Are “Carrying Costs”? Carrying costs are the ongoing bills necessary to keep real estate in good standing. Typical items include: Property taxes Mortgage interest and principal Homeowners’ insurance Basic repairs and utilities (maintenance that preserves, not improves, the property) Step-by-Step: Calculating Each…
May I petition a court to remove an estate administrator who refuses to fulfill their duties in North Carolina? Detailed Answer Yes. Under North Carolina law, any interested person — such as an heir, devisee, creditor, or co-personal representative — may ask the clerk of superior court to remove an estate’s administrator when the administrator fails to…
Need More Time? How to Request an Extension for the Final Estate Accounting in North Carolina Detailed Answer The personal representative of a North Carolina estate—called an executor in a will or an administrator when there is no will—must file a final accounting with the Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-21-2,…
How do I apply for letters of administration and what AOC forms are required in North Carolina? Detailed Answer When a person dies without a valid will, North Carolina calls the estate intestate. Someone—usually a spouse, adult child, or other close heir—must apply for Letters of Administration so the estate can be opened, debts paid,…
Do I Need to Open an Estate to Pursue a Wrongful Death Car-Accident Claim in North Carolina? Detailed Answer Yes—North Carolina law requires that a wrongful-death lawsuit be filed by a duly appointed personal representative of the person who died. Under N.C. Gen. Stat. § 28A-18-2, only the personal representative may sue for wrongful death,…
FAQ: How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in North Carolina? Detailed Answer Under North Carolina law, money recovered in a wrongful death case is governed by N.C.G.S. § 28A-18-2. Even though the personal representative (PR) of the estate controls the lawsuit, the proceeds bypass the normal probate estate and are distributed…
