Who is entitled to inherit the insurance payout if the beneficiary died intestate with no children? – North Carolina Short Answer In North Carolina, if the named life insurance beneficiary died before the insured (and there is no surviving contingent beneficiary), the insurance company generally pays the proceeds to the insured’s estate, not to the…
How do I get a corrected deed for the land transfer after the courthouse rejected the original description? – North Carolina Short Answer In North Carolina, a rejected deed usually gets fixed by preparing and re-submitting a corrected deed with a complete, recordable legal description and proper notarization, then recording it with the county Register…
Can a predeceased child’s adopted child still inherit under estate laws? – North Carolina Short Answer Yes, in North Carolina, an adopted child is generally treated the same as a biological child for inheritance purposes through the adoptive family. If a decedent’s child died before the decedent but left an adopted child (a grandchild of…
What steps are involved in replacing or removing the current administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) can remove an administrator by revoking the administrator’s “letters” if statutory grounds exist, and then appoint a successor. Removal can happen either (1) without a hearing in a few…
How can I review and obtain a copy of my grandmother’s will and probate records? – North Carolina Short Answer In North Carolina, a will that has been filed with (and especially admitted to) probate is generally part of the estate file kept by the Clerk of Superior Court in the county where the estate…
How can I file a petition to disqualify an heir under the slayer statute? – North Carolina Short Answer In North Carolina, disqualifying an heir under the “slayer statute” usually means asking the Clerk of Superior Court (in the open estate file) to enter an order treating the convicted killer as having died before the…
Is there a deadline or statute of limitations for submitting old renovation receipts in probate? – North Carolina Short Answer Yes. In North Carolina, once someone dies and an estate is opened, reimbursement for old renovation receipts is usually treated as a creditor claim against the estate and must be presented within the estate “creditors’…
How can I challenge an allegedly forged will in my mother’s estate? – North Carolina Short Answer In North Carolina, the usual way to challenge a will you believe is forged or not properly signed is to file a caveat in the estate file with the Clerk of Superior Court, generally within three years after…
How can I file to serve as co-administrator of an estate with my sibling? – North Carolina Short Answer In North Carolina, co-administrators are appointed by the Clerk of Superior Court in the county where the estate is opened. The usual approach is for both siblings to apply to qualify together and file written consents…
How can I start or reopen probate for a grandparent’s estate if many years have passed? – North Carolina Short Answer In North Carolina, many years passing does not automatically prevent starting probate or reopening a closed estate. Probate (estate administration) is typically started by qualifying a personal representative in the Clerk of Superior Court…
