How can I elect a life estate on my inherited property to remain living there? – North Carolina Short Answer In North Carolina, only a surviving spouse can elect a statutory life estate in the decedent’s real property. Heirs (such as children or siblings) cannot make that election. If you are an heir and want…
How do I petition the court to secure a life estate in inherited property? – North Carolina Short Answer In North Carolina, there is no general court process for an heir to convert a co-owned inheritance into a life estate. Only a surviving spouse may petition the Clerk of Superior Court to elect a statutory…
How can I claim my half interest in a co-owned house through probate? – North Carolina Short Answer In North Carolina, your share of a decedent’s house usually vests in you automatically at death; you typically don’t file a special claim to get it. The personal representative can control or sell the real estate only…
What is the yearly allowance in probate and how does it protect my personal belongings? – North Carolina Short Answer In North Carolina, the “year’s allowance” sets aside part of a decedent’s personal property for a surviving spouse ($60,000) and qualifying children (generally $10,000 each for decedents dying on or after March 1, 2024). It…
What steps do I need to take for estate administration? – North Carolina Short Answer In North Carolina, the core steps are: open the estate and qualify a personal representative with the Clerk of Superior Court, publish and mail the required creditor notices, file an inventory within three months, pay valid claims in order, and…
Can I stop a partition action by obtaining a life estate in estate property? – North Carolina Short Answer In North Carolina, a life estate can limit or effectively block a partition sale only in narrow circumstances. If you are the surviving spouse and you timely elect a statutory life estate in the home under…
How can I recover estate funds after a bank applied the decedent’s savings to his debt? – North Carolina Short Answer In North Carolina, a bank can usually offset a decedent’s deposit against the decedent’s matured debt owed to that same bank. As administrator, you can challenge the offset if it was improper (for example,…
Can I transfer or sell the house to one heir if the other beneficiaries disclaim their interests? – North Carolina Short Answer In North Carolina, you cannot rely on verbal disclaimers or simply “transfer” estate real estate. Disclaimers must be written, signed, acknowledged, and filed with the Clerk. Title to nonsurvivorship real property vests in…
What happens to a mortgage on inherited property and who is responsible for its payments or refinancing? – North Carolina Short Answer In North Carolina, a mortgage stays with the property. Heirs or devisees take the home subject to the existing deed of trust and the lender can foreclose if payments stop. The personal representative…
How can I cover probate costs when the estate has no liquid cash? – North Carolina Short Answer In North Carolina, the administrator can pay necessary probate costs first and be reimbursed from the estate because administration expenses have top priority. If there is no cash, you may sell personal property (like a vehicle) without…
