FAQ: How Can I Force the Sale of Inherited Real Property When a Co-Owner Refuses to Cooperate? When someone dies leaving real estate to multiple heirs, each heir owns an undivided interest as tenants in common. If one co-owner blocks sale, North Carolina law provides a remedy: a partition action under Chapter 46 of the…
FAQ: How do I petition the court for possession, control, custody, and sale of real property in a North Carolina probate estate? Under North Carolina law, a personal representative (administrator or executor) must obtain a court order authorizing possession, custody and sale of estate real property before listing or closing on the sale. You prepare…
What is a Living Will and How Do I Set One Up in Wake County, North Carolina? A living will—sometimes called an advance directive—lets you document your preferences for life-sustaining medical treatment if you cannot communicate those wishes later. Under North Carolina General Statutes § 90-322, you may express your desire to accept or refuse…
What information must I include in the Wake County probate inventory and appraisement? In North Carolina, once you’re appointed as administrator, you must file an inventory and appraisement of the decedent’s estate within 90 days (G.S. 28A-13-2). In Wake County, the Clerk of Superior Court expects a detailed list of every probate asset, valued as…
1. How do I file an extension for the probate inventory deadline in Wake County, NC? Under North Carolina law, a personal representative must file an estate inventory within 90 days after receiving letters of administration (N.C. Gen. Stat. § 28A-18-2). In Wake County, the deadline runs from the date the Wake County Clerk of…
FAQ 1: When Should I Use a Small Estate Affidavit vs. Full Probate Administration in Mecklenburg County? North Carolina offers a streamlined process called the Small Estate Affidavit for estates whose probate assets total $20,000 or less (excluding liens and certain real property). Under N.C. Gen. Stat. § 28A-20-3 (link to statute), you may collect…
What Is a North Carolina Small Estate Affidavit and How Do I File One in Harnett County? When someone dies without real property and the total personal property value does not exceed $20,000, North Carolina law allows heirs to collect assets through a Small Estate Affidavit (officially “Affidavit for Collection of Personal Property”). Under N.C.…
How can I challenge a draft final accounting and obtain supporting documentation in a North Carolina probate estate? When a personal representative submits a draft final accounting in a Wake County probate file, heirs and beneficiaries have a right under North Carolina law to review the figures, ask questions, and, if necessary, object before the…
How Can Heirs Force Sale of Inherited Real Property When a Co-Owner Refuses to Cooperate? When four siblings inherit a single parcel of real property in Forsyth County (Winston-Salem), and one sibling records a deed without notifying the others, the co-owners who wish to sell can file a partition action under North Carolina law. Partition…
How Can I Remove a Beneficiary from My Existing North Carolina Will? If you drafted a will using an online service and now wish to remove someone, North Carolina law offers two main options: revoke the old will and execute a new one, or prepare a codicil to amend specific provisions. Under N.C. Gen. Stat.…
