Can we sell a house that is still co-owned with the surviving spouse when probate has not appointed anyone yet? – North Carolina Short Answer Usually not yet. In North Carolina, a sale of a co-owned home typically requires signatures from the current legal owners, and if any part of the home is part of…
What notice and paperwork should heirs or family members receive before an estate sells a home or condo? – North Carolina Short Answer In North Carolina, heirs and family members do not automatically receive a “closing packet” before an estate sells a home or condo. What they should receive depends on whether the personal representative…
How do we deposit and safeguard estate funds, and who is allowed to access or manage the estate account? – North Carolina Short Answer In North Carolina, estate money should be deposited into a bank account titled in the estate’s name (not a personal account) and managed by the court-appointed personal representative (executor or administrator)…
Can the estate use the tax-assessed value instead of market value to calculate my buyout for the inherited house? – North Carolina Short Answer In North Carolina, a buyout price for an inherited house is usually negotiated, so the parties can agree to use the county tax-assessed value if everyone voluntarily accepts it. But tax…
What happens if a mortgage lender starts foreclosure after the homeowner dies and the family hasn’t been able to communicate with the lender? – North Carolina Short Answer In North Carolina, a homeowner’s death does not automatically stop a mortgage foreclosure. Most residential foreclosures proceed through a hearing before the Clerk of Superior Court, and…
What happens if I refuse to sign a consent or authorization my relatives are pushing during the estate process? – North Carolina Short Answer In North Carolina, refusing to sign a “consent,” “waiver,” “authorization,” or “release” usually does not make an heir lose inheritance rights by itself. It often just means the personal representative (executor/administrator)…
If I want an adult child to inherit my home, do I need to add them to the deed now, or is there a better way to pass it outside probate? – North Carolina Short Answer In North Carolina, adding an adult child to the deed now can avoid probate at death if the deed…
Can we do an estate auction or clear out the home before the estate is opened, and how do we avoid disputes about who gets specific items? – North Carolina Short Answer In North Carolina, it is usually safest to wait until a personal representative (executor/administrator) is officially appointed by the Clerk of Superior Court…
Can I be reimbursed from the sale proceeds for property expenses I paid after the death, like utilities, maintenance, and repairs? – North Carolina Short Answer Often, yes—under North Carolina probate practice, a personal representative can usually be repaid for reasonable, necessary out-of-pocket expenses that were properly incurred to preserve and sell estate property, but…
Can an heir sign an affidavit of heirship to transfer title, or does a probate case still need to be opened? – North Carolina Short Answer In North Carolina, an “affidavit of heirship” by itself usually does not transfer title to real estate in a way that satisfies buyers and title insurers. When someone dies…
