How can I contest a will or avoid probate in North Carolina? 1. Contesting a Will in North Carolina In North Carolina, anyone with a direct interest in an estate may challenge the validity of a will. You must file a written caveat or formal objection before the clerk of superior court in the county…
Do I need probate for a North Carolina estate holding only real property? 1. When is probate required if the decedent owned only real estate? In North Carolina, any individual who held title to real property at death generally requires the estate to open probate if that property remains in the decedent’s name. Even if…
Frequently Asked Questions About North Carolina Probate 1. How do I become the personal representative of an out-of-state decedent’s estate in North Carolina? Answer When a resident of another state is the highest-priority heir or a renounced personal representative for a decedent in Cumberland County (or any North Carolina county), they must qualify with the…
1. How do I prepare an itemized inventory of personal property for probate in North Carolina? When you open an estate inMecklenburg County or elsewhere in North Carolina, the Clerk of Superior Court requires a complete, itemized inventory of the decedent’s personal property. Rather than listing “personal effects” with a blanket value, a detailed list…
Recovering Foreclosure Surplus Funds and Requesting Attorney Fees in North Carolina FAQ 1: How do I recover surplus funds from a foreclosure sale under N.C. Gen. Stat. § 45-21.32? In North Carolina, a party who believes there are surplus proceeds after a foreclosure may file a special proceeding under N.C. Gen. Stat. § 45-21.32. This…
FAQs: Clearing Inherited Real Estate Title in North Carolina 1. Do I need full probate administration if my parents’ will was filed decades ago and only real estate remains? In North Carolina, when a decedent’s only probate asset is real estate, you often don’t need full estate administration. If your parents’ will was admitted to…
Probate FAQ: Foreclosure on Inherited Property in Wayne County, NC What rights do heirs have when inherited property faces foreclosure? When a family member dies owning real estate in Wayne County, heirs may inherit an ownership interest. In North Carolina, inheriting property does not make you personally liable for your loved one’s mortgage debt. Under…
Frequently Asked Questions: Power of Attorney for a Parent Relocating to North Carolina 1. How do I draft and execute a valid durable power of attorney in North Carolina? When your parent moves to North Carolina, you must use state-specific forms to ensure their durable power of attorney (POA) takes effect and remains valid. North…
What steps should I take if I discover a mortgage on estate property during NC probate? 1. Handling a Newly Discovered Mortgage in Probate When you learn of a mortgage on estate property—perhaps after filing your petition—take swift action. In Wake County and across North Carolina, probate courts require full disclosure of liens under North…
How do I qualify as executor and pay attorney fees from the estate in NC? How do I get appointed as executor and begin probate administration in North Carolina? Under North Carolina law, the person named as executor in a valid will may serve as personal representative once qualified by the Clerk of Superior Court.…
