How can I file a partition action to sell intestate property and get a clear title? – North Carolina Short Answer In North Carolina, a co-owner (heir) may file a partition proceeding with the Clerk of Superior Court in the county where the land sits. The court must first decide whether to divide the land…
What steps do I need to identify and notify all heirs before selling estate land? – North Carolina Short Answer In North Carolina, you must identify every heir who owns an interest in the land and give each proper legal notice before a partition sale or any court-ordered estate sale can proceed. Known heirs are…
How do co-administrators close probate when estate funds must be divided proportionally? – North Carolina Short Answer In North Carolina, co-administrators can close an intestate estate once claims are paid, heirs and their shares are identified, and proportional distributions are made or provided for. If any heir is unknown or cannot be found, the law…
What do we need to do to identify and notify all potential heirs in a partition proceeding? – North Carolina Short Answer In North Carolina, you must first determine who the heirs are, then make every co-tenant a party to the partition case and properly serve them. If any heirs are unknown, the personal representative…
How can we start a partition action to force the sale of our cousin’s property? – North Carolina Short Answer In North Carolina, a co-owner starts a partition by filing a special proceeding with the Clerk of Superior Court in the county where the land sits. If the land is inherited “heirs’ property,” the court…
Can carrying costs of the property be paid from sale proceeds in a partition action? – North Carolina Short Answer Yes. In a North Carolina partition sale, the Clerk of Superior Court typically directs that reasonable sale costs (commissioner/broker fees, advertising, recording) and liens/taxes be paid first from the gross proceeds. The clerk may also…
Who has rights to property held as tenants in common by the decedent’s parents? – North Carolina Short Answer In North Carolina, if a deed lists the decedent’s parents as tenants in common, only those parents hold present rights to that land. A tenant in common’s share does not pass by survivorship; when a parent…
Can I amend the probate inventory later to include assets found after filing? – North Carolina Short Answer Yes. In North Carolina, you must file the initial inventory within three months of qualifying, and then file a supplemental inventory any time you discover assets you did not list or learn a listed value was wrong.…
Could a nursing home or Medicaid place a claim on property owned by a sibling of the decedent? – North Carolina Short Answer In North Carolina, a nursing home or Medicaid may file a claim against the decedent’s estate—not against property owned solely by a sibling. Creditors can reach only assets the decedent owned at…
What happens if I discover money in a bank or credit union account after I submit a blank inventory? – North Carolina Short Answer In North Carolina, if you discover an estate asset after filing your inventory, you must promptly file a supplemental inventory with the Clerk of Superior Court. If you filed a blank…
