FAQ 1: How do I open my mother’s intestate estate in Forsyth County after she died without a will? If your mother died in 2013 in Forsyth County without a will, you can still open her estate and protect your inheritance. In North Carolina an intestate estate proceeds under N.C. Gen. Stat. § 29-14 et…
FAQ 1: How Can I Establish My Right to Inherit from My Deceased Father’s Estate in Wake County if I’m Not Listed on the Original Intestate Petition? When someone dies without a will in North Carolina, the estate passes under intestate‐succession rules (N.C. Gen. Stat. § 28A-2-1 et seq.). In Wake County, the personal representative…
When Can I Use a Small Estate Affidavit Instead of Opening a Full Probate Estate? In North Carolina, you may avoid full probate administration by using a Small Estate Affidavit under N.C.G.S. § 28A-18-2 if the decedent’s personal property in this state does not exceed $20,000 in value (excluding vehicles and real estate). That affidavit…
What Is an Early Distribution in North Carolina Probate, and How Does It Work? An early distribution is a partial payment of inherited funds to an heir before the estate’s final closing. In North Carolina, the personal representative (formerly “executor”) controls estate assets and may agree to advance a modest amount so beneficiaries avoid expensive…
FAQ #1: Is ancillary probate necessary in North Carolina to access a Bank of America account for a French decedent? Many heirs assume that because a foreign court has opened a succession proceeding, North Carolina courts will simply honor those documents. That is not the case when the decedent held only personal property here. Under…
What options exist for challenging or disputing probate attorney fees in North Carolina? In North Carolina, probate attorney fees must be reasonable, documented, and approved by the clerk of superior court (N.C. Gen. Stat. § 28A-15-1). Fees are based on the time spent, the complexity of the estate, and the customary rates in the community.…
What Is a Year’s Allowance and Deficiency Judgment for Surviving Spouses in North Carolina? Under North Carolina law, a surviving spouse may claim what the statutes call a “year’s allowance.” This claim protects up to $60,000 in personal property—bank accounts, vehicles, furniture, and even household goods—so the spouse can maintain a basic living standard after…
How long does it take to close an estate in Hartford County, NC and what affects the final accounting audit? In North Carolina probate, closing an estate requires submitting a final accounting to the clerk of superior court for audit under N.C. Gen. Stat. § 28A-18-10. Once the personal representative files the accounting, the clerk…
FAQ 1: Can an Estranged Spouse Inherit If a Divorce Was Never Finalized but a Post-Separation Agreement Exists? In North Carolina, a surviving spouse generally has a statutory right to share in an intestate estate under N.C. Gen. Stat. § 29-14. However, when a divorce action remains pending and the parties executed a binding property…
What steps can an executor take when co-heirs lock them out of estate property in North Carolina? When you serve as the executor (personal representative) of an estate in Robertson County, North Carolina, you hold legal authority to secure and manage assets listed in the will. If your co-heirs or co-executors deny you access to…
