Probate FAQs – Pierce Law Group 1. What Is a Family Settlement Agreement in North Carolina Probate, and When Should I Use One? A family settlement agreement (FSA) lets heirs agree in writing to distribute an estate without strictly following every term of the will. Under North Carolina law, an FSA is a binding contract…
How Can Heirs Divide Multiple Tracts of Inherited Land in Wake County Without a Public Partition Sale? When a decedent’s estate includes several parcels—like six tracts of land—courts treat each tract separately. Under North Carolina General Statutes Chapter 46 (see GS 46-3), any co-owner can file a partition action in the county where the property…
How do I respond and protect my interests when served with a partition action in Mecklenburg County, NC? When someone files a petition to partition or sell jointly owned real estate, the court must notify all owners. In Mecklenburg County, the clerk’s office files the petition in Superior Court and issues a summons. Under North…
FAQ: Am I personally responsible for paying the decedent’s debts as the personal representative? When you qualify as a personal representative (also called an executor) in a North Carolina probate case, you handle the decedent’s assets and debts. You do not use your personal funds to pay a valid creditor claim. Instead, you satisfy creditor…
1. How can I recover surplus funds after a mortgage foreclosure sale in Wake County, North Carolina? After a lender forecloses on property, any sale proceeds exceeding the debt, costs and liens become “surplus funds.” In Wake County, the clerk of superior court holds those funds. North Carolina law (N.C.G.S. § 45-21.35) directs anyone with…
What Happens When a Creditor’s Claim Is Filed and Denied in a Forsyth County Estate? When someone alleges your loved one owed them money, they must file a written claim with the Clerk of Superior Court in the county where the estate is pending. In Forsyth County, creditors follow the deadline under North Carolina law…
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…
