How do I check the status of filed motions or orders in an estate case? – North Carolina Short Answer In North Carolina estate proceedings before the Clerk of Superior Court, you confirm a motion or order status by checking the court’s docket and the file-stamped order. In eCourts counties, use the Judicial Branch portal;…
Can I file a proposed order with specific language to ensure my motion to continue is approved? – North Carolina Short Answer In North Carolina estate and related special proceedings before the Clerk of Superior Court, a proposed order is not required to obtain a continuance. The clerk may continue a hearing for good cause…
What happens if my continuation request isn’t processed before my scheduled estate hearing? – North Carolina Short Answer In North Carolina, a hearing before the Clerk of Superior Court stays on the calendar unless the clerk signs an order continuing it. A pending motion does not pause or move the hearing. If you do not…
How can I confirm if my motion to continue the estate hearing was granted? – North Carolina Short Answer In North Carolina estate matters, a continuance is effective only when the Clerk of Superior Court enters an order or the docket reflects the new date. To confirm, look for a signed order in the E‑file…
How do I locate or notify an unresponsive sibling beneficiary to transfer the property? – North Carolina Short Answer In North Carolina, you must make diligent, documented efforts to find and formally notify any beneficiary or heir before you transfer or sell estate real estate. If personal service fails after due diligence, you can ask…
How can I open probate without the death certificate from another state yet? – North Carolina Short Answer In North Carolina, you can start probate without a certified death certificate. The Clerk of Superior Court may accept other proof of death—such as an obituary, funeral home verification, medical records, or the sworn statements in your…
Can I terminate the sales agreement and avoid reimbursing the buyer’s due diligence costs? – North Carolina Short Answer Usually, no—you can’t simply cancel and avoid the buyer’s costs unless your contract gives you a clear right to terminate without penalty. In North Carolina, the contract controls who pays for due diligence expenses. Because the…
What happens if I proceed with probate and the buyer still enforces the sale contract? – North Carolina Short Answer In North Carolina, a buyer generally cannot force a sale of estate real estate based on a contract signed by someone who lacked title or estate authority. When a property owner dies, title to non-survivorship…
What happens if a sibling’s status is unclear and there’s no will to guide asset distribution? – North Carolina Short Answer In North Carolina, when someone dies without a will, assets pass by intestate succession. If a person’s status as a child or sibling is unclear, the Clerk of Superior Court can decide heirship in…
How do I transfer bank accounts and vehicle titles that had no beneficiary designations? – North Carolina Short Answer In North Carolina, bank accounts and vehicles without a beneficiary or survivorship feature are probate assets. You can transfer them by either (1) using a small-estate Affidavit for Collection of Personal Property if the estate qualifies,…
