How can I retrieve personal property when an uncooperative occupant blocks access under a North Carolina special proceeding?

How to Retrieve Personal Property When an Uncooperative Occupant Blocks Access under a North Carolina Special Proceeding Detailed Answer When someone holds your personal property and denies you access, North Carolina law offers a streamlined court process called a special proceeding. This process appears in Chapter 28A, Article 19A of the North Carolina General Statutes.…

How can a step-parent qualify as personal representative of an intestate estate when higher-priority persons renounce in North Carolina?

How can a step-parent qualify as personal representative of an intestate estate when higher-priority persons renounce in North Carolina? Detailed Answer When someone dies without a will in North Carolina, the clerk of superior court appoints a personal representative under Chapter 28A of the North Carolina General Statutes. The clerk follows a strict list of…

What’s the difference between summary probate and full estate administration for admitting a will in North Carolina?

What’s the Difference Between Summary Probate and Full Estate Administration for Admitting a Will in North Carolina? Detailed Answer When someone dies leaving a will in North Carolina, relatives or beneficiaries must ask the clerk of superior court to admit (“prove”) the will and appoint a personal representative to administer the estate. You can follow…

What rights do co-executors have to access their share of estate property when another co-executor blocks them in North Carolina?

What rights do co-executors have to access their share of estate property when another co-executor blocks them in North Carolina? 1. Detailed Answer When two or more individuals serve as co-executors (also called personal representatives) of an estate in North Carolina, they share authority to collect, manage, and distribute estate assets under Chapter 28A of…

How do you open an intestate estate in North Carolina when someone dies without a will or beneficiary designations?

How to Open an Intestate Estate in North Carolina When Someone Dies Without a Will or Beneficiary Designations 1. Detailed Answer When a person dies without a valid will or beneficiary designations, North Carolina law treats their estate as intestate. The process to open and administer an intestate estate involves several steps under Chapter 28A…

What steps can beneficiaries take under North Carolina law if an executor improperly distributes estate funds to someone not named in the will?

What steps can beneficiaries take under North Carolina law if an executor improperly distributes estate funds to someone not named in the will? Detailed Answer In North Carolina, the person appointed to administer an estate—called a personal representative—owes strict fiduciary duties to the estate and its beneficiaries. North Carolina law requires that the personal representative…

What information and documents should I gather before my initial call with a North Carolina probate attorney?

Detailed Answer When you speak with a North Carolina probate attorney for the first time, having the right information ready helps us evaluate your situation quickly and accurately. Probate begins when someone dies owning assets in their name alone. In North Carolina, the court oversees distributing those assets under N.C. Gen. Stat. §28A-2-2. Preparing documents…

How can I compel a personal representative to produce a decedent’s original will under North Carolina law?

How to Compel a Personal Representative to Produce a Decedent’s Original Will under North Carolina Law Detailed Answer Under North Carolina law, a personal representative holds a legal duty to deliver the decedent’s original will to the clerk of superior court for probate and record. North Carolina General Statute § 28A-2-1(a) requires the representative to…