Why Must a Guardian Obtain a Court Order Before Selling a Ward’s Real Property Under North Carolina Law? Detailed Answer Under North Carolina guardianship law, a guardian may manage a ward’s assets under N.C. Gen. Stat. § 35A-1201 (link), but cannot sell real property without the court’s prior approval. North Carolina General Statutes Chapter 35A,…
When is a local North Carolina probate attorney required based on the decedent’s residency or property ownership? 1. Detailed Answer In North Carolina, you must involve a probate attorney when you start an estate administration under two main scenarios: the decedent was a North Carolina resident, or the decedent owned real property in the State.…
How do you transfer an LLC membership interest from an estate to an heir under North Carolina probate law? Detailed Answer When an LLC member dies, the decedent’s membership interest becomes part of the probate estate. The personal representative must collect, manage, and ultimately distribute that interest to the heir or beneficiary under the will…
How are attorney fees and carrying costs recovered and allocated in North Carolina probate hearings? 1. Detailed Answer When an individual in North Carolina passes away, the personal representative (sometimes called the executor) must pay the estate’s debts and expenses before distributing property to heirs or beneficiaries. Two key types of administration expenses are attorney…
Do I need to record a new deed to clear title after inheriting property in North Carolina? 1. Detailed Answer When you inherit real estate in North Carolina, the public records do not automatically show your ownership. The transfer occurs through probate. A court-appointed personal representative must distribute the property under a will or state…
Detailed Answer When heirs inherit real estate together in North Carolina, they become tenants in common. If one or more co-owners want to end joint ownership, they can file a partition action. A partition action forces the division or sale of inherited property under N.C. Gen. Stat. § 46-1. The court first looks at whether…
When does North Carolina require ancillary probate for property owned by a nonresident decedent? Detailed Answer Ancillary probate in North Carolina covers the process for administering property located in this state when the decedent lived elsewhere. The state requires ancillary probate to ensure lawful transfer or sale of in-state assets. Below are the key rules…
Detailed Answer: Transferring Inherited Real Property Title in North Carolina After a will is admitted to probate in North Carolina, the next step for beneficiaries is to transfer the title of any inherited real property into their names. Probate confirms the validity of the will and appoints a personal representative—often called an executor—to settle the…
How do unrecorded or unsigned deeds impact property administration during North Carolina probate? Detailed Answer When someone dies owning real estate, the personal representative must identify and list every parcel in the estate under North Carolina’s probate laws. The key statute is N.C.G.S. § 28A-13-3. A valid deed transfers legal title when the grantor signs…
What steps are required to open an intestate estate in North Carolina when the decedent held only bank accounts? Detailed Answer When someone dies without a will in North Carolina and only leaves bank accounts, you must administer the estate under Chapter 28A of the North Carolina General Statutes. The process ensures proper collection and…
