What steps must a personal representative take when a creditor’s claim is filed and denied in a North Carolina estate? 1. Detailed Answer When someone passes away in North Carolina, their estate often faces creditor claims for debts owed by the decedent. As a personal representative, you hold a crucial role in reviewing, approving, or…
Detailed Answer When someone owes money to a creditor of a decedent’s estate, the personal representative must follow a set process to pay that debt and clear the claim from the estate’s records. Under North Carolina law, creditors must present their claims, the court approves or denies them, and then the estate pays any approved…
Detailed Answer When someone dies without a qualified personal representative, the clerk of superior court may appoint a public administrator to manage the estate. If you are an heir, devisee or creditor, you can challenge that appointment and protect your beneficiary rights under North Carolina law. 1. Review the Appointment Order Obtain a copy of…
When Full Probate Is Required in North Carolina North Carolina law provides a simplified path called summary administration for small estates. Under N.C. Gen. Stat. §28A-19-3, an estate qualifies for this procedure only if all of the following apply: The decedent was domiciled in North Carolina at death. All personal property located in North Carolina…
How can personal representative commissions and attorney fees be paid from a revocable trust under North Carolina law? 1. Detailed Answer When a revocable trust becomes irrevocable upon the settlor’s death, the successor trustee steps into a fiduciary role very similar to a personal representative in probate. Under North Carolina law, the trustee may pay…
How Do I Dissolve a Guardianship and Restore My Rights in North Carolina? Detailed Answer If someone appointed a guardian to manage your personal or financial affairs, you can ask the court to end (terminate) that guardianship and give you back those rights. North Carolina law sets out a clear process in Chapter 35A of…
What options do co-owners have in North Carolina to prevent or respond to a partition action? 1. Detailed Answer When two or more people own real estate together in North Carolina, each co-owner holds an undivided interest in the whole property. If one co-owner wants to end that shared ownership, they may file a partition…
Who Must Complete IRS Form W-9 Before Receiving Probate Distributions in North Carolina? Detailed Answer When a personal representative distributes assets from a North Carolina probate estate, federal tax law requires a valid taxpayer identification number (TIN) for each recipient. The Internal Revenue Service uses Form W-9, Request for Taxpayer Identification Number and Certification, to…
What are typical attorney fee structures and billing practices in a North Carolina partition action to sell inherited property? 1. Detailed Answer When heirs inherit real estate together and cannot agree on its use or sale, they can file a partition action under North Carolina General Statute § 46-2. A partition action forces the sale…
How can I check if an estate has been opened and a will filed in North Carolina? 1. Detailed Answer If someone has passed away in North Carolina and you want to know whether their estate has entered probate or whether a will is on file, you can follow these steps. Probate matters in each…
