How should I address unauthorized revisions and unclear communication from opposing counsel during the drafting of a consent order in a probate case?

Probate Q&A Series

How Do Appraiser Appointment Delays Impact Probate Hearings in North Carolina? In North Carolina probate cases, the appointment of appraisers plays a critical role in determining the fair market value of real property. When delays occur in appointing appraisers, as seen in some recent cases, it can affect the progress of probate hearings. Courts expect…

How is the classification of a mobile home—as real estate or personal property—determined in a probate partition sale?

Probate Q&A Series

What Should I Do If I’ve Been Appointed as the Probate Commissioner But Haven’t Filed an Acceptance? In North Carolina probate matters, an appointment as a probate commissioner usually requires formal acceptance in writing. If you have been named in a partition or similar probate action but never filed your acceptance of appointment, it is…

Consequences of Administrative Delays, Filing Errors, and Notification Failures Affecting Heirs, Creditors, and Property Sales

Probate Q&A Series

What happens if the probate administrator fails to file the required estate inventory on time? In North Carolina, the probate administrator must file an inventory of the estate’s assets within 90 days from appointment. When this deadline lapses without submission, the court may take action. An order to show cause may be issued, requiring the…

What Happens if a Probate Administrator Fails to File Estate Inventory, Faces Court Orders to Show Cause, Mismanages Assets, or Attempts Property Sales Without Proper Notification?

Probate Q&A Series

What Happens if an Estate Administrator Fails to File the Required Inventory? Under North Carolina law, the personal representative bears the duty to file an inventory of the decedent’s assets, typically within 90 days of appointment. When the required inventory is not filed, it raises serious concerns regarding the administration of the estate. A failure…

Elective Shares, Spousal Allowances, Dividing Marital Property, and Reopening Estates After Discovering Late Wills to Protect Spousal Rights and Assets

Probate Q&A Series

How Does the Elective Share Work for a Surviving Spouse in North Carolina? In North Carolina, a surviving spouse who is left out of or inadequately provided for in a will may claim an elective share. This mechanism protects spouses by allowing them to forgo the terms of an outdated will and instead secure a…

Can a verbal understanding regarding personal property be upheld in probate when the decedent did not leave a formal will?

Probate Q&A Series

How Are Personal Property and Assets Distributed When There Is No Will in North Carolina? When a loved one dies intestate in North Carolina, meaning without a valid will, their personal property and assets are distributed according to the state’s intestacy statute. North Carolina General Statute §29‐2 provides the legal framework for this process. In…