How do I petition the court for implied renunciation so I can serve as administrator when the spouse won’t act? – North Carolina Short Answer In North Carolina, the surviving spouse has first priority to serve as administrator of an intestate estate. If 30 days pass after death and the spouse has not applied, you…
Can I claim inheritance on behalf of my children if the will excluded them? – North Carolina Short Answer In North Carolina, a parent may start a challenge to a grandparent’s will on behalf of minor children, but the court will appoint a guardian ad litem to represent the children’s interests. Disinherited grandchildren can contest…
Can I challenge the sale of my grandparent’s home if it was supposed to stay in the family? – North Carolina Short Answer Yes—under North Carolina law you can challenge the will and, in limited situations, the sale. The usual path is a will caveat (will contest) filed within three years after the will was…
What do I need to contest a will in North Carolina when I wasn’t notified? – North Carolina Short Answer In North Carolina, you contest a will by filing a “caveat” with the Clerk of Superior Court in the county where the will was probated. You must have a direct financial interest (for example, as…
How do I work with a title company and buyer to meet tight sale deadlines? – North Carolina Short Answer In North Carolina, heirs hold title to a decedent’s real estate unless a will gives title or a power of sale to the personal representative. If you are selling within two years of death and…
What steps do I need to complete as an estate administrator to sell inherited property? – North Carolina Short Answer In North Carolina, the exact steps depend on who holds title and whether the sale is needed to pay estate debts. If heirs hold title (common) and the sale is within two years of death,…
Can I recover notary or closing costs from estate funds when selling property? – North Carolina Short Answer Yes—if the expenses are reasonable, necessary to administer the estate, and the sale is handled under the personal representative’s authority, North Carolina law allows reimbursement from estate funds subject to the Clerk of Superior Court’s approval. If…
What are my rights if the executor delays managing estate assets? – North Carolina Short Answer In North Carolina, if the named executor does not file the will or seek appointment, an interested person (such as a devisee) can offer the will for probate after 60 days and ask to be appointed. Once the will…
Can I begin paying mortgage obligations on inherited properties before probate is complete? – North Carolina Short Answer Yes, you can make mortgage payments to keep properties current, but you should not transact on behalf of the estate until someone is officially appointed by the Clerk of Superior Court. In North Carolina, heirs or devisees…
How can I compel the executor to file the will and start probate? – North Carolina Short Answer In North Carolina, if the named executor has not applied to probate the will within 60 days of death, any devisee or other interested person may apply for probate after giving the executor 10 days’ notice. If…
