What happens if I miss the scheduled probate hearing? – North Carolina Short Answer In North Carolina, if you miss a probate hearing before the Clerk of Superior Court, the clerk can hold the hearing without you and enter orders based on the evidence presented by those who appear. If you are the personal representative…
How can I ask the court to continue a scheduled probate hearing? – North Carolina Short Answer In North Carolina probate matters, you ask for a continuance by filing a written Motion to Continue in the estate case with the Clerk of Superior Court and serving all parties. The clerk decides whether to grant it,…
What reasons will the court accept for continuing a probate hearing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court may continue (reschedule) a probate or estate hearing for good cause. Common acceptable reasons include lack of proper service or notice, a documented medical emergency or illness of a party, counsel,…
What is the deadline to file a motion to reschedule an estate hearing? – North Carolina Short Answer North Carolina law sets no single, statewide deadline to request a continuance of an estate hearing before the Clerk of Superior Court. File your motion as soon as you know you need a new date and serve…
Do I need to resend all estate administration documents after including another heir? – North Carolina Short Answer Usually you do not start the estate over or resend every filing. In North Carolina, you should promptly update the court file to reflect the correct heirs, obtain a renunciation (of the right to serve) or provide…
Can a half-sibling claim a share if they weren’t listed initially? – North Carolina Short Answer Yes. Under North Carolina’s intestacy rules, a half-sibling is treated as a sibling and, if there’s no will, shares the estate in the same class as full siblings. If a new half-sibling is identified after the estate opens, the…
How can I open a small estate in North Carolina to obtain letters of administration? – North Carolina Short Answer In North Carolina, “small estate” options like collection by affidavit or summary administration do not produce Letters of Administration. To get Letters, you must open a formal estate and qualify as administrator with the Clerk…
What is the process for updating renunciation forms when heirs change? – North Carolina Short Answer In North Carolina, when a new heir is identified during an intestate estate, the administrator should promptly update the court file to reflect the correct heirs, provide required notice to anyone with equal or higher priority to serve, and…
How do I add a newly discovered heir to an intestate estate? – North Carolina Short Answer In North Carolina, you update the estate file and, if heirship is not already legally established, ask the Clerk of Superior Court to determine the new heir before distributing assets. For a child born outside marriage, paternity must…
When should I switch from a small estate proceeding to a full estate administration? – North Carolina Short Answer In North Carolina, you should move from a small estate option (collection by affidavit or summary administration) to a full estate administration when you need Letters (Letters of Administration or Letters Testamentary), when assets exceed small-estate…
