1. When Can I Use North Carolina’s Small Estate Affidavit Instead of Opening a Full Probate Estate? If your loved one’s estate in Wake County or another North Carolina county consists of limited personal property and no realty, you may avoid the time and cost of a full probate. Under N.C. Gen. Stat. § 28A-25-1,…
FAQ 1: How Do I Verify My Probate Hearing Date and Location in Wake County, North Carolina? If you have filed for probate in Wake County, you must confirm the date, time and courtroom before attending your hearing. Courts often post hearing dates on their online dockets, but clerks set hearing times once necessary filings—like…
How is real property distributed under North Carolina intestate succession when an heir predeceases the decedent or dies without descendants? When a North Carolina resident dies without a will, the law in GUILFORD County (and statewide) follows the rules of intestate succession set out in N.C. Gen. Stat. § 29-14. If the decedent owned real…
Do I Need to Open Probate to Transfer a Deceased Owner’s Property Deed in Wake County, North Carolina? In North Carolina, when someone who held real estate as a tenant in common or joint tenant dies, the surviving owner or heir often wonders whether they must open full estate administration—or if they can simply record…
FAQ 1: How Do I Confirm and Extend Deadlines for Service and Response in a Contested Probate Proceeding in North Carolina? When you face a contested probate action in Wake County or elsewhere in North Carolina, you must track two key deadlines: the date of service of process and the timeframe to file your formal…
FAQ 1: How Do I Obtain and Review My Halifax County Estate File? When someone dies in North Carolina, all pleadings, letters testamentary, inventories, motions and orders go into a public estate file in the Clerk of Superior Court’s office. In Halifax County, you can access that file to see exactly what’s been filed, by…
FAQ 1: How can I confirm whether I need to attend a scheduled probate hearing and verify filings in North Carolina? In North Carolina, hearings on petitions and consent orders in a decedent’s estate take place in the clerk’s office of the county where probate is pending. For example, if your matter sits in Wake…
FAQ 1: How can I locate and probate my father’s missing will in Columbus County, North Carolina? If your father executed a will but the original has disappeared, you can still probate a copy or prove the will’s contents. North Carolina law lets you admit a lost will under strict proof rules. The key steps…
What’s the Difference Between an Executor and an Administrator in North Carolina Probate? In North Carolina, anyone who dies “intestate” (without a valid will) triggers a court-supervised administration led by an administrator. If a decedent left a will that names a personal representative, that person serves as an executor. Both act as “personal representatives,” but…
How do I recover unclaimed surplus funds after a foreclosure sale on an out-of-state property when the decedent’s North Carolina estate closed? When a North Carolina resident owns real property in another state—like Surfside Beach, South Carolina—and that property is foreclosed and sold, any equity above the foreclosure debt becomes “surplus” or “unclaimed funds.” If…
