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North Carolina Probate and Estate Administration Lawyers
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  • PRACTICE AREAS
    • ESTATE PLANNING
    • PROBATE ADMINISTRATION
    • PROBATE FOR WRONGFUL DEATH
    • PARTITION ACTIONS
    • SURPLUS FUNDS
    • ELDER LAW
  • ABOUT US
    • HOW TO GET STARTED
    • HOW MUCH DOES AN ESTATE PLAN COST?
  • OUR TEAM
  • CONTACT US

Category Archives: Probate Q&A Series

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How do I open probate and distribute assets when someone dies without a will in North Carolina?

Probate Q&A SeriesBy jpierceJuly 7, 2025

How do I probate an intestate estate in Wilkes County, NC? Detailed Answer When someone dies without a will (intestate) in Wilkes County, North Carolina, the surviving spouse or next of kin must open a probate proceeding with the Clerk of Superior Court. North Carolina law defines this process in Chapter 28A of the General…

How do I open probate and distribute assets when a spouse dies without a will in Wilkes County, NC?

Probate Q&A SeriesBy jpierceJuly 7, 2025

How to Open Probate and Distribute an Intestate Estate in Wilkes County, NC FAQ 1: What initial steps should I take to open probate as an administrator in Wilkes County? When someone dies without a will in North Carolina, the surviving spouse (or next eligible family member) must qualify as administrator with the Clerk of…

How do spousal allowance and asset protection work in North Carolina probate?

Probate Q&A SeriesBy jpierceJuly 7, 2025

Spousal Allowance and Estate Asset Protection in North Carolina Probate FAQ 1: What is the $60,000 spousal allowance in North Carolina probate and how do I claim it? When a North Carolina resident dies owning personal property valued at $60,000 or less, the surviving spouse may claim a spousal allowance under N.C.G.S. § 28A-19-3. This…

How do I qualify as an administrator and distribute intestate assets in North Carolina?

Probate Q&A SeriesBy jpierceJuly 7, 2025

1. Qualifying as an Administrator for an Intestate Estate in North Carolina When someone dies without a will in North Carolina, the court appoints an administrator to handle the estate under NCGS §28A-6-1. Your first step is to visit the clerk of superior court in the county where your loved one resided—Wilkes County, for example.…

What are life estates in NC and can they be challenged in court?

Probate Q&A SeriesBy jpierceJuly 3, 2025

Understanding Life Estates and Protecting Your Rights in North Carolina What Is a Life Estate and How Does It Protect a Life Tenant’s Rights? Under North Carolina law, a life estate grants an individual (the life tenant) the right to use and benefit from property for the duration of their life. The grantor conveys legal…

How can I check my Sampson County estate status and address executor delays?

Probate Q&A SeriesBy jpierceJuly 3, 2025

Probate Q&A: Checking Your Estate File and Handling Delays in Sampson County, NC 1. How do I find out what’s happening in my Sampson County estate file? As a beneficiary, you have a right to know the status of probate in the Sampson County Clerk’s office. North Carolina courts index estates by file number. After…

How do I file a consent order of sale and disburse proceeds in NC special proceedings?

Probate Q&A SeriesBy jpierceJuly 3, 2025

Consent Orders and Distribution in North Carolina Special Proceedings 1. What is a Consent Order of Sale in NC Special Proceedings? Under North Carolina law, parties in a probate special proceeding may agree in writing to sell estate property without a contested hearing. N.C. Gen. Stat. § 28A-19-1 authorizes the clerk of the superior court…

How does ancillary probate work in North Carolina and what fees and timelines apply?

Probate Q&A SeriesBy jpierceJuly 3, 2025

FAQ 1: What is ancillary probate and how do I administer an out-of-state property in North Carolina? When someone dies outside North Carolina owning real estate here, you must open an ancillary estate in the county where the land sits. North Carolina law (see G.S. 28A-15-1) allows an out-of-state personal representative to handle local property…

What steps prevent unauthorized sale of estate property while probating a will in Randolph County?

Probate Q&A SeriesBy jpierceJuly 3, 2025

What steps prevent unauthorized sale of estate property while probating a will in Randolph County? 1. How do I probate a copy of a will and compel production of the original in Randolph County? To probate a copy of a will in Randolph County, you begin by filing a petition with the Clerk of Superior…

How do I open NC probate and transfer land and vehicles when someone dies without a will?

Probate Q&A SeriesBy jpierceJuly 3, 2025

How do I open NC probate and transfer land and vehicles when someone dies without a will? FAQ 1: Opening Probate in Yakin County for an Intestate Estate When someone dies without a will in North Carolina, you must open an intestate estate to clear title to land and distribute assets under statute. In Yakin…

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