Question 1: What happens to a co-owned house when my co-owner dies without a will in North Carolina? Under North Carolina’s intestate succession laws (N.C. Gen. Stat. § 29-14), real estate owned by someone who dies without a will generally passes to that person’s heirs in fixed shares. If your mother and you held the…
How can I locate a will and initiate probate in Kingston, North Carolina? Losing track of a loved one’s last will can feel overwhelming. In North Carolina, you begin by checking family records and safe‐deposit boxes for any original will. If that search comes up empty, visit the Kingston County Clerk’s office to review the…
How do I probate a missing or lost will in Wake County when I only have a copy? Answer: In North Carolina, you may still probate a will when the original is lost or destroyed. Under N.C. Gen. Stat. § 28A-8-5, the court permits admission of a copy of the will if the original cannot…
How Do I File a Police Report for a Vehicle Missing from a Decedent’s Estate in Wake County? When you administer an estate in Wake County, you must marshal and safeguard all assets. If a decedent’s vehicle goes missing, the personal representative should report it as stolen or lost to law enforcement promptly. Under North…
FAQ 1: How Can I Locate and Compel Production of an Original Will in North Carolina Probate? Locating the original will stands as a critical first step in any estate administration. Under North Carolina law, an original will must be lodged with the clerk of superior court in the county where probate opens. If you…
What steps should a personal representative in North Carolina take to file a police report for a missing estate vehicle? When an estate’s vehicle goes missing or is held by a third party, the personal representative should act quickly to document the loss and secure any available law-enforcement assistance. In most counties—whether Craven County (Newburn)…
How Can Heirs Stop Foreclosure on Inherited Property During Probate in Bessemer City, NC? When a loved one’s home in Bessemer City (Gaston County) is in foreclosure during probate, heirs face a tight turnaround. North Carolina law does not automatically pause a lender‐initiated sale when someone dies. The mortgage holder may proceed with foreclosure unless…
Q1: If I’m not on a disaster recovery loan, am I still liable for the payments after my spouse’s death? Under North Carolina law, a loan is a contract and only those who sign the promissory note or guaranty agree to repay the debt. If your name never appears on the original loan paperwork, you…
FAQ 1: How do I Know if I Need to Open a Probate Estate in North Carolina? Deciding whether to open a probate estate can feel overwhelming, especially during a difficult loss. In North Carolina, you must open an estate only when the decedent owns assets that require court supervision or transfer via a personal…
What information and documents should I gather before my initial call with a North Carolina probate attorney? When you call a probate attorney in North Carolina, having key information at your fingertips helps us give you accurate guidance from the start. We recommend gathering copies of the decedent’s death certificate and any last will and…
