What steps do I need to take to claim my share of the marital home through probate? – North Carolina Short Answer In North Carolina, a surviving spouse can protect rights in the marital home by electing a life estate in the dwelling and/or filing a spousal elective share claim. If the home was owned…
How do I enforce recovery of unpaid spousal support from my late spouse’s estate? – North Carolina Short Answer In North Carolina, you enforce unpaid spousal support that was due before death by filing a written creditor claim in the estate within the claims period set by the estate’s notice to creditors. If the personal…
Can I prevent the children from evicting me from the home while the estate is being administered? – North Carolina Short Answer Yes, in many North Carolina estates you can stop an eviction while administration is ongoing. Only a duly appointed personal representative, acting with proper court authority, can seek to remove an occupant from…
How can I become the administrator of my mother’s estate when there’s no will and my sibling waives the right? – North Carolina Short Answer In North Carolina, an heir can apply to serve as administrator of an intestate estate by filing an application with the Clerk of Superior Court in the county where the…
What steps do I need to take to notify creditors and settle my mother’s debts through probate? – North Carolina Short Answer In North Carolina, after you qualify as administrator, you must publish a Notice to Creditors once a week for four weeks and mail the notice to all known or reasonably ascertainable creditors within…
Can I sell co-owned real estate in probate to pay off debts and split the proceeds with other family members? – North Carolina Short Answer Yes, under North Carolina law the estate’s personal representative can ask the Clerk of Superior Court for authority to sell real estate when money is needed to pay valid estate…
How do I access my mother’s bank account and obtain a title for her car without a will? – North Carolina Short Answer In North Carolina, you generally access a deceased parent’s bank account either by qualifying as the estate’s Administrator and using Letters of Administration, or—if total personal property is small—by using a collection-by-affidavit…
Will I have to post a bond to serve as estate administrator if my co-heir agrees to waive that requirement? – North Carolina Short Answer In North Carolina, an administrator generally must post a bond before the Clerk of Superior Court issues Letters of Administration. However, if you are a North Carolina resident and all…
What documents should I gather to notify creditors and submit claims against the estate? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court issues Letters Testamentary, the executor must publish a general Notice to Creditors and mail personal notice to known or reasonably ascertainable creditors within 75 days. Claims must…
What do I need to file to get the house title transferred to me as sole heir in North Carolina? Short Answer In North Carolina, title to a home devised in a will generally passes to the beneficiary at death, but you must probate the will and record certified copies to show marketable title. Practically,…
