What is a Spousal or Year’s Allowance in Probate Cases, and How Does the Process Work for Assigning Personal Property? Overview of Allowances in North Carolina Probate When a person dies with assets subject to probate in North Carolina, the law grants certain family members an allowance against the estate. The year’s allowance and the…
Detailed Answer In North Carolina, a partition proceeding divides real property among co‐owners or sells it and distributes the proceeds. The court must have jurisdiction over every person whose rights the division may affect. If a necessary party—like a lender holding a mortgage on the property—does not join the lawsuit, a defendant can move to…
What Is Probate and When Is It Necessary in North Carolina? Detailed Answer What Is Probate? Probate is the court-supervised process of validating a deceased person’s will, appointing a personal representative, paying debts and taxes, and distributing assets to heirs or beneficiaries. Under North Carolina law, Chapter 28A of the N.C. Gen. Stat. § 28A-1-1…
Can I Sell Inherited Real Estate Without All Co-Owners’ Consent in North Carolina? Understanding Co-Ownership of Inherited Property When someone dies owning real estate, heirs often inherit as tenants in common. Each heir holds an undivided share. North Carolina law treats each share as equal unless the will specifies percentages. No single tenant in common…
What is a Partition Action in North Carolina and How Do I Navigate Its Complexities? Detailed Answer A partition action allows co-owners of real property to divide or sell the property when they cannot agree on its use or disposition. North Carolina law frames partition actions in Chapter 46 of the North Carolina General Statutes.…
What Are Surplus Funds in a North Carolina Probate Case? Understanding Surplus Funds in Probate Surplus funds arise when a probate sale of the decedent’s property generates more money than needed to cover all debts, taxes, expenses, and court costs. North Carolina law requires the personal representative to account for every dollar of the sale…
How to Schedule a Follow-Up Consultation for Time-Sensitive Probate Matters Detailed Answer When it comes to probate, some tasks have strict deadlines. You may need to file a petition for appointment of personal representative, preserve estate assets or respond to creditor claims within specific time frames. North Carolina law sets these deadlines in Chapter 28A…
What Is a Final Accounting in the North Carolina Probate Process? 1. Detailed Answer In North Carolina probate, a final accounting is the formal record that shows how a personal representative (also called an estate administrator or executor) handled an estate’s money and property from start to finish. It lists every receipt, expense, debt payment,…
How Can I Contest a Will in North Carolina When It Appears to Have Been Altered Under Questionable Circumstances? 1. Detailed Answer Contesting a will in North Carolina often begins when heirs or interested parties suspect fraud, undue influence, improper execution, or questionable alterations. The process involves strict deadlines and clear legal grounds under North…
Do I Need to Open Probate for My Deceased Mother’s House in North Carolina? Detailed Answer What Is Probate? Probate allows the court to authenticate a will (if one exists), appoint a personal representative, and oversee the distribution of a decedent’s assets under North Carolina law. (See N.C. Gen. Stat. § 28A-1-1.) Probate Requirement for…
