Do I need a lawyer to prepare and record a new deed to inherited property? – North Carolina Short Answer No. North Carolina law does not require a lawyer to prepare or record a deed transferring inherited real estate. However, inherited-title deeds often depend on what happened (or must happen) in the probate file, and…
What documents should I bring to an initial probate or inherited property consultation? – North Carolina Short Answer For an initial North Carolina probate or inherited property consultation, bring the original will (if there is one), a certified death certificate (if available), and whatever information is readily available about the decedent’s assets and debts. If…
What paperwork do I need to prove I’m the rightful heir and get the title updated? – North Carolina Short Answer In North Carolina, the paperwork usually comes from the probate files and the county land records. Most title updates require (1) certified probate documents showing who inherited, and (2) a deed or recorded probate…
How do I transfer inherited land into my name after probate is finished? – North Carolina Short Answer In North Carolina, inherited land usually transfers by operation of law to the heirs (if there is no will) or to the devisees named in a will once the will is properly probated. Even after probate is…
How long do I need to wait after the creditor notice period before the property can be transferred? – North Carolina Short Answer In North Carolina, there is usually no rule that requires waiting until the creditor claim deadline expires before signing and recording a deed to transfer inherited real property. The key timing issue…
What do “life rights” to a house mean, and do they give someone ownership or just the right to use the property? – North Carolina Short Answer In North Carolina, “life rights” to a house usually means a life estate: the person can use and possess the home for life, but they typically do not…
When can an affidavit be used instead of going through probate to transfer a deceased person’s property? – North Carolina Short Answer In North Carolina, an affidavit can sometimes be used to collect and transfer a deceased person’s personal property (like bank accounts or vehicles) without opening a full probate estate, but only if the…
What happens if the family wants to sell an inherited property but the estate has not been opened yet? – North Carolina Short Answer In North Carolina, a family usually cannot deliver “good title” to a buyer for inherited real estate until the right people have legal authority to sign the deed. In many cases,…
What documents do I need to prepare to help a family move inherited property into the correct names without delays? – North Carolina Short Answer In North Carolina, the documents needed to move inherited real property into the correct names usually depend on whether there is a will and whether a personal representative (executor/administrator) must…
How do I figure out whether a probate case is required before recording a deed for inherited property? – North Carolina Short Answer In North Carolina, whether a probate case is required before recording a deed for inherited real estate usually depends on (1) whether the decedent left a will, (2) whether the property must…
