Can I petition the court to remove or replace an unresponsive executor?: North Carolina options and process

Can I petition the court to remove or replace an unresponsive executor? – North Carolina Short Answer Yes. In North Carolina, any interested person (including a beneficiary) may ask the Clerk of Superior Court to revoke an executor’s letters and appoint a successor when the executor is neglecting duties or violating fiduciary obligations. The clerk…

Do I have to open a separate estate administration for a surviving spouse to transfer property to the next beneficiaries?: Answer under North Carolina law

Do I have to open a separate estate administration for a surviving spouse to transfer property to the next beneficiaries? – North Carolina Short Answer Usually, no. In North Carolina, title to real estate devised by will vests in the named devisee (such as a surviving spouse) and can be transferred by that person’s deed…

What happens if the clerk removes me as administrator and I disagree with her decision?: North Carolina probate appeal steps and deadlines

What happens if the clerk removes me as administrator and I disagree with her decision? – North Carolina Short Answer If the Clerk of Superior Court revokes your letters of administration, your authority ends immediately, you must turn over estate assets, and you must file a final account. You can appeal to a superior court…

What timeline and notice requirements apply when removing an uncooperative co-owner during a partition sale?: A North Carolina guide

What timeline and notice requirements apply when removing an uncooperative co-owner during a partition sale? – North Carolina Short Answer In North Carolina, a partition sale run by a court‑appointed commissioner follows the judicial sale rules: the sale must be noticed and advertised, and a 10‑day upset‑bid period applies before the clerk can confirm the…