How do I Obtain and File Satisfaction of Creditor Claims in a North Carolina Probate Estate? When you serve as administrator of an estate in Wake County, North Carolina, you must resolve any outstanding debts before closing the estate. North Carolina law requires you to give notice to known creditors (N.C. Gen. Stat. § 28A-14-1)…
How do I challenge the appointment of a public administrator in my loved one’s Alamance County estate and assert my rights as a beneficiary? When a decedent dies and no qualified personal representative steps forward within 60 days, the county clerk may appoint a public administrator under N.C. Gen. Stat. § 28A-6-9. You can challenge…
Can I use summary administration to probate an estate with a single bank account valued at $60,000 in Cleveland County, NC? In North Carolina, “summary administration” (also called collection by claiming heir) lets a qualifying heir collect personal property without opening a full estate file. Under N.C. Gen. Stat. § 28A-19-3, you must meet two…
FAQ 1: How Are Personal Representative Commissions and Attorney Fees Paid When Estate Assets Are in a Revocable Trust? Answer: Under North Carolina law, a personal representative (sometimes called an executor) may receive commissions for administering an estate. G.S. 28A-15-3 sets the range for commissions at 3%–5% of “assets recovered and turned into money,” plus…
FAQ 1: How Do I Dissolve a Guardianship and Restore My Rights in Henderson County, NC? If a court in Henderson County has appointed a guardian over your person or estate and you wish to regain your decision-making authority, you must file a motion to restore competence with the Clerk of Superior Court. Under North…
What options do co-owners have to prevent or respond to a partition action in Northampton County, NC? When two or more people inherit or hold property together in Northampton County, each co-owner has an absolute right under North Carolina’s Partition Act (Chapter 46 of the General Statutes) to file a partition petition and force either…
Who Must Complete IRS Form W-9 Before Receiving Probate Distributions in North Carolina? In North Carolina probate, before the clerk’s office issues any checks, it must obtain a completed IRS Form W-9 from the payee. That payee may be the law firm handling the estate’s administration or the beneficiary (heir) entitled to a distributive share.…
What should I expect regarding attorney fees and billing in a Halifax County, North Carolina partition action? Answer: When you engage a probate attorney to file a partition action in Halifax County to sell inherited property, you’ll typically pay an initial retainer, ongoing hourly fees billed periodically, and advanced costs. A retainer acts as a…
How can I check if my mother’s estate has been opened and whether a will is on file in Transylvania County, NC? If you suspect a surviving spouse hasn’t opened probate or filed a will, you can confirm the status online or with the Transylvania County Clerk. North Carolina courts offer an electronic docket search…
What steps should I take after being served with a partition action in Mecklenburg County, North Carolina? When someone files a partition action under N.C. Gen. Stat. § 46-35, they ask the court to divide or sell co-owned real property. If you live in Charlotte or anywhere in Mecklenburg County and receive a petition, you…
