FAQ: What should I do if I receive suspicious emails or calls during probate administration? During the administration of an estate—even in Wake County or any North Carolina county—attorneys, personal representatives, and closing agents exchange confidential documents such as IRS Form 1099 and settlement checks. If you receive an unsolicited email or phone call claiming…
Can a CPA Prepare Estate Tax Returns and Handle Distributions in a North Carolina Probate Estate? Many families hire a CPA to prepare tax returns for an estate. In North Carolina, a CPA can certainly prepare and file federal and state estate or income tax returns. However, the distribution of estate assets is a separate…
FAQ #1: How Do I Pay for Lawn Mowing and Property Maintenance from an Estate Account in North Carolina? When you serve as the personal representative of an estate in North Carolina, you must maintain a clear separation between your personal funds and estate assets. Under N.C. Gen. Stat. § 28A-13-2 (ncleg.gov/GS_28A-13-2), a personal representative…
FAQ 1: Do I Need a Resident Process Agent If I’m an Out-of-State Guardian in Franklin County, NC? Answer Under North Carolina law, any guardian appointed by the clerk of superior court who lives outside the state must designate a resident process agent. The agent accepts legal notices on behalf of the guardian and forwards…
What Is a Show Cause Hearing in North Carolina Probate and How Can I Avoid One? A show cause hearing is the court’s opportunity to review why required filings—often the annual or final accounting—are late or incomplete. North Carolina General Statutes require a personal representative to file accountings within set deadlines. If you miss these…
FAQ 1: How can I open an intestate estate when there are no known heirs in Guilford County, North Carolina? When someone dies without a will and leaves no spouse, children or other heirs, the clerk of superior court in Guilford County must still approve an estate administration. You begin by filing a petition for…
FAQ 1: How can co-owners in Wake County agree to a private sale of inherited property and handle distribution of proceeds? Answer: When two or more heirs inherit real property in Wake County and prefer to sell privately rather than appoint a court-appointed commissioner, they can use a consent order under North Carolina’s partition statutes.…
FAQ 1: What Is a Partition Action in North Carolina, and What Should I Expect in Terms of Cost and Timeline? A partition action allows co-owners of real property to force a court-supervised sale or divide the land when one or more owners want to liquidate their interest. North Carolina law under N.C. Gen. Stat.…
FAQ: How can I gain access to estate property and retrieve personal items when a co-owner or occupant denies entry under a North Carolina court order? In many probate estates, a court appoints a commissioner to manage sale or partition of real property under N.C. Gen. Stat. § 28A-14-2. If a co-owner or occupant refuses…
1. What is the priority of paying a personal representative’s commission, attorney fees, and a surviving spouse’s year’s allowance in a North Carolina probate estate? North Carolina law sets out clear priorities for the payment of estate expenses, but local practice can vary by county clerk’s office. Under N.C. Gen. Stat. § 28A-18-2, a personal…
