FAQ: What Is a Caveat and When Must I File It in North Carolina? In North Carolina, a “caveat” is the procedural tool you use to challenge the probate of a will. If you suspect the will admitted in your loved one’s estate is invalid, you must file a caveat with the clerk of superior…
FAQ 1: Why Must I Open an Estate Administration to Remove Deceased Owners from a Deed in North Carolina? When a deed lists individuals who have died, North Carolina law requires their interests be cleared through estate administration before a title company or the Register of Deeds will record a new deed. Under N.C. Gen.…
Probate FAQs – Pierce Law Group Probate FAQs: Opening an Intestate Estate and Duties of a Personal Representative in Vance County, NC 1. What steps do I need to open an intestate estate in Vance County, North Carolina? If your loved one died a resident of Vance County without a will, you must open an…
How Can I Remove a Co-Executor in North Carolina Probate When They Mismanage Estate Assets? If a co-executor blocks estate administration or misuses assets, you can ask the Superior Court Clerk in your county (for example, Wake County) to remove that personal representative for cause. Under North Carolina law, a personal representative must act impartially,…
FAQ 1: How Can Co-Heirs Fairly Negotiate a Buy-Out to Resolve an Estate Property Dispute in North Carolina? When multiple heirs inherit real property, one common way to avoid a contested partition action is through a negotiated buy-out. Under North Carolina law, co-owners share equal rights to occupy and use estate property (see N.C. Gen.…
FAQ: What happens when an estate’s debts exceed its assets in an intestate administration in North Carolina? When someone dies without a valid will in North Carolina, Chapter 28A of the General Statutes creates an “intestate” succession plan. Under N.C. Gen. Stat. § 28A-11-1, the court appoints a personal representative (sometimes called an “administrator”) according…
What Is a Written Consent to Appointment in McDowell County Probate, and Why Do I Need One? When someone dies in North Carolina, the clerk of superior court in the county where the decedent lived appoints a personal representative—sometimes called an executor if there’s a will—to administer the estate. Under N.C. Gen. Stat. § 28A-11-3,…
Why Are Witness Affidavits Required to Probate a Valid Will in Cleveland County, North Carolina? North Carolina courts require wills to meet strict formalities before issuing letters testamentary or letters of administration with the will annexed. Even when the will is otherwise valid—signed by the decedent and two competent witnesses—statutes require proof of those signatures…
How can I secure estate assets before official appointment as personal representative in Wake County, NC? When someone passes leaving real property, a vehicle, or other valuables, safeguarding those assets is critical. Under North Carolina law, once the decedent dies, the personal representative’s powers “relate back” to the date of death (N.C. Gen. Stat. §…
FAQ 1: How do I open an intestate estate in Wilkes County, NC, when assets have been transferred or sold? When someone dies without a valid will in North Carolina, their estate passes by intestate succession under N.C. Gen. Stat. § 28A-2-1. If your loved one held real property or bank accounts solely in their…
