Category Archives: Probate Q&A Series

How does a North Carolina personal representative recover reimbursement for auto loan payments and real property carrying costs in probate?

FAQ 1: How can a personal representative get reimbursed for auto loan payments made to preserve an estate asset? When a personal representative makes loan payments on a decedent’s vehicle from personal funds to preserve an estate asset, North Carolina law allows reimbursement as an “expense of administration.” Under N.C.G.S. § 28A-17-3, personal representatives may…

How do I reopen a closed Durham County probate estate to recover newly discovered assets or correct fiduciary errors?

Q1: How do I reopen a closed Durham County probate estate to address mismanagement or seek relief? If an estate in Durham County has already been closed but you suspect fiduciary misconduct or need to recover assets that were omitted, you may petition the clerk of superior court to reopen the estate. Under North Carolina…

What deadlines and filings apply for estate inventory, creditor notice publication, and accounting in North Carolina probate?

1. What authority do Letters of Administration provide to a personal representative in North Carolina probate? When you qualify as an estate administrator, the clerk of superior court issues Letters of Administration under North Carolina General Statutes § 28A-6-1. These letters act as your official “badge” or permission slip. Third parties—banks, credit card companies, post…

Can I still probate a North Carolina will if the original was hidden and estate funds were withdrawn?

Can I Still Probate a Loved One’s Will After It Was Withheld and Assets Were Withdrawn? If you discover a decedent’s valid will after family members delayed submitting it—and even withdrew funds—you generally can still open probate in North Carolina. In Richmond County, you begin by contacting the Clerk of Superior Court to confirm whether…

Do I have to pay North Carolina probate attorney fees upfront and can I seek reimbursement from the estate?

Do I Have to Pay Probate Attorney Fees Upfront in North Carolina and Can I Get Reimbursed from the Estate? In North Carolina, probate attorneys typically require an initial retainer before beginning work. For example, in Wake County a firm may request a $1,000 retainer held in trust. Under this arrangement, the attorney bills hourly…

How can I reopen a closed Wake County probate to collect newly discovered assets?

1. How Do I Reopen a Closed Probate Estate in Wake County to Collect Newly Discovered Assets? When an estate closes and you later discover assets—like a life insurance payment or forgotten bank account—you can petition the Wake County Clerk of Superior Court to reopen the estate. Under N.C. Gen. Stat. § 28A-18-3, a personal…

How can co-owners compel a court-supervised sale and divide proceeds of jointly inherited real estate in North Carolina?

What Is a Partition Action to Sell Inherited Property in North Carolina? When heirs inherit real estate jointly—such as the family home on Land Grove Road in Forsyth County—they each own an undivided interest. Disagreements can arise over possession, utilities, maintenance and sale timing. North Carolina law provides a partition action, a court-supervised sale, under…

What steps can I take to access estate records and challenge creditor claims in North Carolina probate?

How can I review and challenge creditor claims filed against a North Carolina probate estate? When a loved one dies in North Carolina, all known and unknown creditors get notice. The personal representative must publish a notice to creditors and send mailed notice to known creditors under N.C. Gen. Stat. § 28A-15-1. Creditors then have…

What attorney and paralegal fees and billing process are typical in North Carolina probate cases?

What attorney and paralegal fees should I expect in a North Carolina probate case? When you open a probate estate in North Carolina, you’ll incur fees for both attorney and paralegal services. At Pierce Law Group, our base attorney rate is $350/hour. We also employ a certified paralegal and a staff paralegal. The certified paralegal…

What are North Carolina’s rules for paying liens and notifying unknown heirs in wrongful death settlements?

FAQ 1: Can medical bills, liens, or other expenses be paid out of a North Carolina wrongful death settlement? Under North Carolina law, certain medical providers, health insurers and other lienholders may assert claims against wrongful death proceeds. However, the legislature capped subrogation claims to protect family recovery. When you settle a wrongful death claim,…