Do I need to list boats, firearms, and sporting gear in the probate inventory? – North Carolina Short Answer Yes. In North Carolina, boats, firearms, and sporting gear are tangible personal property and must be included in the probate inventory if the decedent owned them at death. List and value items as of the date…
How can I open probate for my grandparent’s estate without a will so we can sell the house? – North Carolina Short Answer In North Carolina, an heir can apply with the Clerk of Superior Court to be appointed as the administrator of an intestate estate and receive Letters of Administration. After appointment, the administrator…
How do we pay off my grandparent’s remaining loan and back taxes before distributing sale proceeds? – North Carolina Short Answer In North Carolina, you must open an estate and have a court‑appointed personal representative handle debts before distributing any sale proceeds. The representative publishes and mails a notice to creditors, then either seeks a…
How can I manage my parent’s share of the sale proceeds while they are in rehab? – North Carolina Short Answer In North Carolina, you cannot control an adult parent’s inheritance unless you have legal authority. If the estate needs to sell the home or close within two years of death, open an estate and…
Can I be appointed as administrator of the estate instead of my uncle? – North Carolina Short Answer Yes. In North Carolina, any qualified heir may apply to serve as the administrator of an intestate estate. You and your uncle are in the same priority class, so the Clerk of Superior Court decides who is…
What inheritance rights do the descendants of my predeceased aunt or uncle have under intestacy? – North Carolina Short Answer In North Carolina, if a child of the person who died (the predeceased aunt or uncle) died before the decedent, that child’s descendants inherit the share their parent would have received, by representation. In your…
Is it possible to have a co-administrator or another oversight to guard against misappropriation? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court can appoint co-administrators, require or increase a fiduciary bond, and order restricted estate accounts. The clerk also enforces required inventories and accountings and can remove a personal…
How can I protect my share of the estate if I sign the renunciation letter? – North Carolina Short Answer In North Carolina, renouncing your right to serve as estate administrator does not waive or reduce your inheritance. That is different from a “disclaimer” of your share. You can renounce and still protect your interests…
Can I require the administrator sibling to distribute estate funds equally and transparently? – North Carolina Short Answer Yes. In North Carolina, the personal representative (administrator) must act for the benefit of all heirs, file an inventory within three months, provide accountings, and distribute according to the intestacy rules or the will. If the administrator…
What can I do if co-heirs are selling estate assets like the house or RV without my consent? – North Carolina Short Answer In North Carolina, co-heirs cannot unilaterally sell estate property. The personal representative (executor or administrator) controls estate personal property (like the car, RV, and furniture) and handles any sale. Real estate can…
