Can my sibling and I both recover our shares if we file a petition together? – North Carolina Short Answer Yes—if you and your sibling are the heirs who owned the equity in the property at the time of the foreclosure sale, you can file a joint petition to recover surplus funds in North Carolina.…
How can I file a petition for surplus funds after a foreclosure on my parent’s home? – North Carolina Short Answer In North Carolina, if a foreclosure sale brings in more money than needed to pay the foreclosing loan and sale costs, the “surplus” is paid to junior lienholders in order of priority and then…
Do we need to open a probate estate if none was started to claim surplus funds? – North Carolina Short Answer Often, yes. In North Carolina, foreclosure surplus funds are paid to the person entitled under the foreclosure file, but if the prior owner died, the Clerk will usually require an appointed personal representative when…
Am I entitled to inherit any part of the estate as a natural heir when there was no will? – North Carolina Short Answer In North Carolina, a grandchild inherits in an intestate estate only if their parent (who was the decedent’s child) died before the decedent. If a child of the decedent survived, that…
How do I access probate filings or documents after an estate is closed in North Carolina – North Carolina Short Answer In North Carolina, most estate files are public records even after an estate is closed. Go to the Clerk of Superior Court’s Estates Division in the county where the estate was administered and ask…
Can I challenge the administrator appointment now that the estate has been closed? – North Carolina Short Answer In North Carolina, once the Clerk issues letters of administration, that appointment is conclusive unless the letters are formally revoked. After the estate is closed and the administrator is discharged, you generally cannot undo the appointment. Your…
How can I claim retirement benefits if I was listed as a beneficiary on my grandparent’s account? – North Carolina Short Answer In North Carolina, retirement benefits that name a living person as the beneficiary usually pass directly to that person and not through probate. You claim them by filing the plan’s beneficiary claim with…
What steps do I need to take to apply for letters of administration as an out-of-state heir? – North Carolina Short Answer In North Carolina, an out-of-state heir applies for letters of administration with the Clerk of Superior Court in the county where the decedent lived. You file the AOC application, appoint a North Carolina…
How do I publish notice to creditors and file an inventory in a intestate administration? – North Carolina Short Answer In North Carolina, after you receive Letters of Administration, you must publish a notice to creditors once a week for four consecutive weeks in a qualifying local newspaper and mail notice to known or reasonably…
How can I appoint my adult child and my friend as co-agents for medical and financial powers of attorney? – North Carolina Short Answer In North Carolina, you can name both your adult child and your friend to serve together. For a financial power of attorney, you sign and have it notarized; co-agents may act…
