What happens to the net proceeds after my co-owned property sells in a partition action in Wake County? When real property co-owned by several heirs or tenants in common sells under a North Carolina partition action, the proceeds flow through the Clerk of Superior Court’s registry. Under N.C. Gen. Stat. § 7A-314, the clerk holds…
How can I verify my spouse’s estate is open and access the probate file in Edgecombe County, NC? If your spouse’s will was filed more than a year ago, you have the right to confirm whether probate has officially opened in Edgecombe County and to review the court file. Here’s how to proceed: 1. Search…
Do I Need an Attorney to Administer My Parents’ Estate in Macombur County, North Carolina? North Carolina law allows an heir or interested person to handle a probate estate without a lawyer, but you face several risks when the estate includes real estate, bank accounts and significant debts. In Macombur County, courts follow the North…
1. What Happens When an Heir Appeals a Distribution Order in North Carolina Probate? In North Carolina, heirs or co-owners dissatisfied with how a Personal Representative divides estate proceeds may appeal the Clerk of Superior Court’s distribution order. This appeal stays any pending distributions until a district court judge decides the matter. While procedure varies…
How can heirs force the sale of inherited real property when a co-owner refuses to cooperate in North Carolina? When one co-owner of inherited land refuses to agree to its sale, North Carolina law provides a remedy called a partition action. Under N.C. Gen. Stat. § 46-1, any co-tenant may petition the Clerk of Superior…
When can heirs sell inherited real property in North Carolina without risking future creditor claims? Under North Carolina law, real estate inherited from a decedent cannot clear title for sale until one of two things happens: either two years pass from the date of death or the estate completes full probate administration and the three-month…
What Should I Do if I Find Multiple Wills or a Codicil Filed in the Probate Office? Finding two probate filings for the same decedent—from 2022 and again in March 2024—raises important questions. North Carolina law treats a later will or codicil as revoking an earlier instrument to the extent of any inconsistency. However, until…
How can I compel production and probate of my grandfather’s will in Robeson County, NC? When someone close to the estate refuses to show the will, you can take formal steps in Robeson County to ensure the original document is produced and admitted to probate. First, contact the Robeson County Clerk of Superior Court. North…
FAQ 1: How Do I Get Reimbursed for Executor Expenses in a North Carolina Probate Estate? When you qualify as the personal representative (formerly executor) of a North Carolina estate, you can pay certain costs and then seek reimbursement from estate funds. North Carolina law—specifically N.C. Gen. Stat. § 28A-15-3—authorizes the personal representative to “disburse…
FAQ 1: What Do I Need to File a Decedent’s Personal and Estate Tax Returns in North Carolina? When someone dies, you must file any outstanding personal income tax returns for the decedent and, in some cases, file a return for the estate itself. In most North Carolina matters, the administrator relies on the Probate…
