Can I ask the court to appoint a commissioner to handle a private sale to my buyer in a North Carolina partition action? — North Carolina Short Answer Yes. In a North Carolina partition case, the clerk of superior court can order a sale and appoint a commissioner to conduct it, and the court may…
Can I negotiate a buyout of my share with a co-owner instead of going to court for partition in North Carolina? — North Carolina Short Answer Yes. North Carolina law allows co-owners to make a private buyout agreement at any time and avoid a court-ordered partition. If a partition case is already filed, you can…
How do I get the court to reconsider letters of administration and remove the administrator so I, as the sole heir, can be appointed? — North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to revoke the current administrator’s letters and appoint you by filing a verified petition in the…
How do I challenge the administrator closing my father’s joint bank account without notifying heirs? — North Carolina Short Answer In North Carolina, a personal representative (administrator or executor) may lawfully deal with bank accounts to collect and preserve estate assets and to pay claims. Heirs do not get advance notice of each transaction. If…
How can I review or correct missing or incorrect probate filings in my father’s estate? — North Carolina Short Answer In North Carolina, you can review the court’s estate file at the Clerk of Superior Court and ask the personal representative (executor/administrator) to correct errors or omissions. If that does not happen, you may file…
How can I challenge my grandparent’s appointment as estate administrator in North Carolina? Short Answer In North Carolina, you can challenge a proposed appointment before letters are issued by filing a petition with the clerk to contest the issuance of letters. If letters have already been issued to your grandparent, you must petition the clerk…
How do I fix mistakes in the probate paperwork, like the wrong siblings being listed? — North Carolina Short Answer In North Carolina, clerical mistakes (like a misspelled name) are fixed by asking the clerk to correct the record or by a Rule 60(a) motion to correct the order and reissue letters. Substantive errors (like…
What powers does a financial power of attorney grant my agent if I ever become unable to manage my finances? — North Carolina Short Answer In North Carolina, a financial power of attorney (POA) lets you authorize an agent to handle your money and property. It is durable by default—meaning it continues if you become…
How does doing a probate without qualification in North Carolina work to transfer real property title under a will? — North Carolina Short Answer In North Carolina, you can probate a will without appointing a personal representative when there’s no personal property to administer and the main goal is to pass title to real estate…
How do I secure proceeds from a pending wrongful death settlement through the court clerk? — North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) can ask the judge who approves the wrongful death settlement to order the settlement funds be deposited with the Clerk of Superior Court for safekeeping. If…
