FAQ 1: How Does Owning North Carolina Real Property as “Tenants by the Entirety” Affect Probate? North Carolina law recognizes tenants by the entirety as a form of joint ownership reserved for married couples. When real estate is held in this manner, one spouse’s interest automatically passes to the surviving spouse at death. This process…
How do I open a small estate in Guilford County when the decedent died intestate with limited assets? When someone dies without a will and the total value of personal assets (excluding real estate) does not exceed $20,000, North Carolina law lets you use a simplified “small estate” procedure instead of full administration. In Guilford…
Can my stepfather legally sell my mother’s house and evict me if it’s still in her name? When your mother died on April 16 in Alamance County and the estate hasn’t been opened, title to her home remains in her name. Your stepfather holds no legal authority to convey or sell that property. Until the…
When can I use a North Carolina Small Estate Affidavit in Union County to Close a Decedent’s Bank Account? In North Carolina, you can use a Small Estate Affidavit when the total value of a decedent’s personal assets does not exceed $20,000, including any single bank account. Under G.S. 28A-19-3, if the bank account at…
How Do I Obtain Letters of Administration in Orange County When I Live Out of State? When someone dies without a will in North Carolina, an heir or next‐of‐kin may petition the clerk of superior court in the county where the decedent lived to be appointed personal representative and receive letters of administration. If you…
FAQ 1: How Do I Reopen a Closed Probate Estate in Brunswick County and Retain the Same Personal Representative? Under North Carolina law, you may reopen a closed estate to collect newly discovered assets or correct filings. In Brunswick County (as an example), you file a Petition to Reopen an Estate under N.C. Gen. Stat.…
Can I handle a Durham County probate case without hiring an attorney? In North Carolina, you may qualify to probate a small estate without a lawyer using the Small Estate Affidavit under N.C. Gen. Stat. § 28A-17-1 (ncleg.gov/GS_28A-17-1). That process lets close relatives collect bank accounts, automobiles, and personal property up to $50,000 in aggregate…
How Do I File a Creditor Claim in a North Carolina Probate Estate to Recover Life Insurance Benefits Under a Post-Divorce Consent Order? When a divorce judgment or post-separation consent order in Cabarrus County requires a former spouse to maintain a life insurance policy, you become a creditor of the estate if the policy lapses…
How Do I Order Checks for an Estate Bank Account in Wake County, North Carolina? Once the Wake County Clerk of Superior Court issues letters testamentary or letters of administration, you may open and manage an estate checking account. Under N.C. Gen. Stat. § 28A-14-2(b)[link], a personal representative must collect and preserve estate assets. A…
FAQ 1: What’s the Difference Between a Quitclaim Deed and a Gift for Inherited Property in North Carolina? When someone inherits real estate in North Carolina, the property vests in the heir by operation of law. A quitclaim deed and a “gift” describe two different concepts: 1. Quitclaim Deed: Under N.C. Gen. Stat. § 47-10,…
