What expenses can I track and get reimbursed for maintaining estate property before it’s sold? — North Carolina Short Answer In North Carolina, a personal representative (PR) may pay and be reimbursed for reasonable, necessary costs to preserve and prepare estate property for sale—but only if the PR has authority under the will or a…
How do I defend against a partition action when one co-tenant files to force the sale of our inherited home? — North Carolina Short Answer In North Carolina, a co-tenant can file a partition case to divide or sell co-owned real estate, but a court should favor dividing the land (partition in kind) if it…
What happens if a co-tenant takes out a home equity loan or refinances the inherited property without my approval? — North Carolina Short Answer In North Carolina, a co-tenant can only mortgage or refinance their own undivided interest in the property; they cannot encumber your share unless you sign. The lender’s deed of trust attaches…
What steps do I take to be appointed as estate administrator or co-administrator? — North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where the decedent lived, show you have priority to serve, satisfy any bond requirement, take the oath, and receive Letters of Administration. If…
How can I challenge a will that I suspect is forged and get it thrown out? — North Carolina Short Answer In North Carolina, you challenge a will by filing a “caveat” in the estate file within three years after the will is admitted to probate in common form. The case is transferred to Superior…
What legal remedies can my neighbor pursue when a co-owner sells property without his agreement? — North Carolina Short Answer In North Carolina, a co-owner (tenant in common or joint owner without survivorship) can only sell their own undivided share—not yours—unless you authorized the sale. If a co-owner purports to sell the entire property, your…
Can we use wills and beneficiary designations to make sure each other and our children inherit what we want without going through probate in North Carolina? Short Answer Yes—many North Carolina assets can pass outside probate if you use beneficiary designations (POD/TOD), joint ownership with right of survivorship, life insurance, retirement accounts, and, if appropriate,…
What should I do to submit the original will to the probate court in North Carolina when I live out of state? — North Carolina Short Answer You can usually mail or courier the original will and required forms to the Clerk of Superior Court in the North Carolina county where the decedent lived. If…
How can I confirm that the will I received is the original and not just a copy? — North Carolina Short Answer In North Carolina, an attested written will offered for probate must bear the testator’s and witnesses’ original, wet-ink signatures. A self-proving affidavit (notary acknowledgment with the required wording) often appears at the end…
How can I buy out my siblings’ interests in our father’s property in North Carolina instead of selling? — North Carolina Short Answer In North Carolina, you can buy out your siblings by agreement and deed. First confirm whether the estate is still open and whether the personal representative (PR) needs to join the deed;…
