FAQ: How Do I Probate a Copy of a Will in North Carolina When the Original Is Unavailable? Probating a copy of a will involves petitioning the clerk of superior court under North Carolina General Statutes § 28A-6-2. This statute allows a court to admit a duplicate or copy of a will when the original…
FAQ 1: What Assets Pass Automatically to the Surviving Spouse and Avoid Probate in North Carolina? In many North Carolina estates—especially in Wayne County—survivors find that the bulk of a decedent’s assets bypass probate when held jointly. Under state law, a married couple may own real estate as “tenancy by the entirety.” When one spouse…
How Do I Confirm an Estate Is Open and Obtain a Copy of the Will in New Hanover County, North Carolina? Before any distributions can occur, you must verify whether an estate has been opened in the clerk’s office. In New Hanover County, the Estate Division handles probate filings. Most counties now use e-filing, so…
What documents should I gather before meeting with a North Carolina probate attorney about inherited land? If you’re traveling from Sanford or another city to our Durham office to discuss co-owned land, having the right paperwork speeds up the process. North Carolina courts and your attorney rely on clear title evidence, family information and any…
What are the duties of an intestate estate administrator in Onslow County, North Carolina, and what can beneficiaries do if assets are withheld or undervalued? When a loved one dies without a will in Onslow County, the clerk of superior court appoints one of the heirs as administrator under N.C. Gen. Stat. § 28A-12-1. An…
How do I consent to estate expenses and acknowledge improvements on property I will inherit in North Carolina? When you expect to inherit real property in Durham County or elsewhere in North Carolina, you may need to consent to certain expenses your personal representative or co-heirs already paid to maintain or improve that property. By…
1. Can heirs demand my mental health records to challenge my capacity as a personal representative in Mecklenburg County, NC? When a beneficiary or co‐heir questions your fitness to serve as a personal representative, they may seek evidence of incapacity. In North Carolina, however, private medical and mental health records enjoy strict protection under federal…
1. How can I transfer title to our mother’s house inherited intestate in Cumberland County, NC? When someone dies without a will in North Carolina, their property passes by intestate succession under N.C. Gen. Stat. § 28A-2-1. If real estate belonged solely to the decedent, title vests immediately at death under N.C. Gen. Stat. §…
How Can Heirs Recover Personal Belongings Left Behind After a Commissioner’s Sale in a North Carolina Probate Estate? When a probate property sells at a commissioner’s sale in Wake County or elsewhere in North Carolina, estate personal effects sometimes remain behind. State law requires the commissioner to advertise and conduct the sale of real property…
How does a Colorado prenuptial agreement affect a surviving spouse’s intestate share and elective share rights under North Carolina law? When someone dies without a valid will in North Carolina, the surviving spouse generally inherits the entire estate if there are no children (N.C. Gen. Stat. § 29-14). Even with a will, a spouse can…
