Do I Need Florida Probate and North Carolina Ancillary Probate to Transfer North Carolina Property After an Out-of-State Intestate Death?

Do I Need Florida Probate and North Carolina Ancillary Probate to Transfer North Carolina Property After an Out-of-State Intestate Death? Detailed Answer When a person dies without a will (intestate) in Florida and owns real property in North Carolina, you must handle probate in both states. First, the personal representative files a probate case in…

Can heirs avoid formal probate by using After-Death Posting to clear title on inherited real estate in North Carolina?

Can heirs avoid formal probate by using After-Death Posting to clear title on inherited real estate in North Carolina? Detailed Answer In North Carolina, heirs sometimes seek to bypass formal probate to reduce costs and speed up property transfer. One statutory shortcut is known as After-Death Posting. This procedure lets heirs transfer title to real…

Can a co-signer close a decedent’s bank account and use its funds before establishing an estate account in North Carolina?

Can a co-signer close a decedent’s bank account and use its funds before establishing an estate account in North Carolina? 1. Detailed Answer When someone dies in North Carolina, assets in their name pass into a formal estate. Bank accounts held solely by the decedent become estate property. A co-signer or joint account holder does…

What are the key duties and potential liabilities of a North Carolina executor under Chapter 28A of the General Statutes?

What Are the Key Duties and Potential Liabilities of a North Carolina Executor under Chapter 28A? Detailed Answer In North Carolina, an executor—also called a personal representative—must follow the rules set out in Chapter 28A of the General Statutes. These rules guide each step of estate administration, from appointment through closing. Below is an overview…

When is ancillary probate in North Carolina required for estates with out-of-state administration but in-state assets?

When is ancillary probate in North Carolina required for estates with out-of-state administration but in-state assets? 1. Detailed Answer Ancillary probate arises when a person dies domiciled in one state but owns property in another. In North Carolina, you must open an ancillary estate if the decedent held real property or tangible personal property here…