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  • PRACTICE AREAS
    • ESTATE PLANNING
    • PROBATE ADMINISTRATION
    • PROBATE FOR WRONGFUL DEATH
    • PARTITION ACTIONS
    • SURPLUS FUNDS
    • ELDER LAW
  • ABOUT US
    • HOW TO GET STARTED
    • HOW MUCH DOES AN ESTATE PLAN COST?
  • OUR TEAM
  • CONTACT US

Category Archives: Probate Q&A Series

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What steps are involved in notifying creditors and handling claims after a death in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

What Steps Are Involved in Notifying Creditors and Handling Claims After a Death in North Carolina? Detailed Answer When someone dies in North Carolina, the personal representative (called an executor if there is a will or an administrator if there is no will) must follow specific steps to alert creditors and resolve their claims. Below…

Can I use an obituary as proof of death to open an estate if the death certificate is not available?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Can an Obituary Replace a Death Certificate When Opening an Estate in North Carolina? Detailed Answer When you apply with the Clerk of Superior Court for Letters Testamentary (with a will) or Letters of Administration (without a will) in North Carolina, you must prove that the person has in fact died. The most common—and preferred—proof…

How do I prepare an heirship affidavit in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Detailed Answer: Preparing an Heirship Affidavit in North Carolina An heirship affidavit (sometimes called an “affidavit of heirs”) is a sworn statement used to identify a deceased person’s heirs when no formal probate has occurred or when you need to clear title to real estate. Below are the steps to create and record one correctly…

Can I open an estate and become the personal representative if I am the mother-in-law?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Detailed Answer 1. Does North Carolina law allow a mother-in-law to serve? Yes—but only if people with higher priority either serve first or formally step aside. North Carolina divides estates into two categories: Testate estates (there is a will) – The court issues Letters Testamentary to the executor named in the will. A mother-in-law may…

How can I probate a will that was not witnessed or notarized in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Probating an Unwitnessed or Unnotarized Will in North Carolina Detailed Answer North Carolina law usually requires a written will to be signed by the testator and witnessed by at least two competent people (N.C. Gen. Stat. § 31-3.3). However, our statutes recognize two narrow exceptions that allow a will to be probated even when it…

Can I Elect to Receive a Life Estate Instead of an Intestate Share in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Can I Elect to Receive a Life Estate Instead of an Intestate Share in North Carolina? 1. Detailed Answer Short answer: Yes—if you are a surviving spouse in North Carolina, you may choose a statutory life estate in certain property instead of (or in addition to) the default intestate share. The option is created by…

How does an executor obtain an EIN for the estate?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Detailed Answer Why an Estate Needs an EIN As soon as a North Carolina executor (also called a personal representative) receives Letters Testamentary from the clerk of superior court, the estate becomes a separate legal entity. To open an estate bank account, report income, and withhold taxes, the executor must secure a federal Employer Identification…

What is the difference between common and solemn form probate in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Difference Between Common and Solemn Form Probate in North Carolina Detailed Answer North Carolina recognizes two ways to prove a will before the Clerk of Superior Court: probate in common form and probate in solemn form. Each option affects how quickly the estate can move forward, how much notice is required, and whether the will…

Can I Negotiate with My Siblings to Avoid a Partition Action on Inherited Property in North Carolina?

Probate Q&A SeriesBy jpierceAugust 7, 2025

Can I Negotiate with My Siblings to Avoid a Partition Action on Inherited Property in North Carolina? Short Answer Yes. North Carolina law lets co-owners reach a private agreement at any time—even after a lawsuit is filed—so long as every owner signs. Detailed Answer When multiple heirs inherit real estate, they hold it as tenants-in-common.…

Do I Have to List Personal Property Assets When Completing a Year’s Allowance in an Estate?

Probate Q&A SeriesBy jpierceAugust 7, 2025

North Carolina Year’s Allowance and Personal Property: Must You List Every Asset? Detailed Answer The North Carolina year’s allowance is a statutory benefit that lets a surviving spouse (up to $60,000) and minor children (each up to $5,000) claim personal property before most creditors are paid. The governing statutes appear in Article 4, Chapter 30…

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