Can distribution be delayed until the minor turns 18 to avoid a supervised trust or guardianship account? – North Carolina Short Answer No. In North Carolina, a personal representative must distribute the estate within a reasonable time after paying claims, not wait years until a child turns 18. When a minor is entitled to receive…
What steps are needed to amend a partition petition after a survey shows an interest by another party? – North Carolina Short Answer In North Carolina, you amend a partition petition by filing a motion and amended petition that (1) updates the legal description to match the survey and (2) adds any newly identified interest…
How do I know if a property is excluded from the probate estate inventory? – North Carolina Short Answer In North Carolina, property is excluded from the probate inventory if it does not pass through the estate—for example, assets that transfer by beneficiary designation or survivorship. Real estate usually vests directly in heirs or devisees…
Can a non-heir guardian living out of state be appointed as administrator in a North Carolina probate and what bond is required? – North Carolina Short Answer Yes. A non-heir guardian who lives outside North Carolina can be appointed—most often as an ancillary administrator—if they are otherwise qualified, appoint a North Carolina resident process agent,…
How will the remaining estate funds be divided between me and my sibling after paying probate fees, debts, and taxes? – North Carolina Short Answer In North Carolina, when a parent dies without a will and there is no surviving spouse, the children inherit the net estate in equal shares. After the personal representatives pay…
How long does the clerk’s office hold surplus funds before sending them to the State Treasurer? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court holds foreclosure surplus funds until a rightful claimant applies. If no one claims the money, court-held funds are generally treated as abandoned about one year after…
What share of sale proceeds am I entitled to after a life estate ends? – North Carolina Short Answer In North Carolina, when a life estate ends, the remaindermen own the property (or the net sale proceeds) as the will directs. If the executor sells the property under a valid power or court order, closing…
Where can I search for unclaimed surplus proceeds with the North Carolina Department of State Treasurer? – North Carolina Short Answer Search NCCash.com, the North Carolina Department of State Treasurer’s official unclaimed property website. If foreclosure surplus funds were turned over to the State Treasurer, they will appear there under the owner’s name. You can…
How can I confirm if the executor had the legal right to sell the house under a life estate? – North Carolina Short Answer In North Carolina, an executor can sell estate real estate only if the will clearly gives that power or if the Clerk of Superior Court authorized a sale to pay debts…
Does a missing or unsigned prenuptial agreement affect the will’s life estate terms? – North Carolina Short Answer No. Under North Carolina law, a prenuptial agreement must be in writing and signed to affect spousal rights. If there is no valid, signed agreement, the will’s life estate terms control unless the surviving spouse timely files…
