Detailed Answer When someone dies without a will in North Carolina, the court issues letters of administration to appoint a personal representative. North Carolina law gives the surviving spouse the first right to serve in that role. If the clerk issues letters to someone else, the surviving spouse may contest that appointment. Here’s how the…
How do I collect and distribute life insurance proceeds when no beneficiary is named in North Carolina? Detailed Answer When a life insurance policyholder dies without naming or maintaining a living beneficiary, North Carolina law directs insurers to pay the death benefit into the insured’s estate. Under N.C. Gen. Stat. § 58-55-20(b)(1), the insurer treats…
How Can Heirs Protect Their Inheritance When a Surviving Spouse Files Only a Spousal Allowance Petition in North Carolina? 1. Detailed Answer In North Carolina probate, a surviving spouse may file a petition for a spousal allowance under North Carolina General Statute § 30-15. This allowance provides up to $30,000 in cash plus the right…
How can a guardian open an intestate estate in North Carolina to secure fundraising donations for a minor heir? Detailed Answer When someone dies without leaving a will in North Carolina, their assets pass through intestate succession under N.C. Gen. Stat. §28A-2-1. If one of the heirs is a minor, the court must appoint both…
How to Probate a Handwritten Holographic Will in North Carolina Detailed Answer North Carolina law does not recognize an unwitnessed handwritten (“holographic”) will as a valid testamentary document. To admit any will to probate, you must follow the formal execution requirements in N.C. General Statutes, Chapter 31, Article 2. First, verify the will is in…
How can a personal representative request a one-time extension to file the probate inventory and appraisement in North Carolina? Detailed Answer When someone passes away in North Carolina, the personal representative must file an inventory and appraisement of the estate within 90 days of receiving letters (official appointment) under N.C. Gen. Stat. § 28A-13-2. This…
What documents should I gather before contacting a North Carolina probate attorney about an estate? Detailed Answer Before you meet with a probate attorney in North Carolina, gathering key documents helps you and your attorney move quickly through the estate process. The personal representative must file a petition for probate under N.C.G.S. §28A-12-2. That statute…
What initial steps must an executor take to probate a will in North Carolina? Detailed Answer When a loved one names you executor of their estate, you hold an important duty under North Carolina law. You must follow a defined process to ensure the will becomes effective and the estate settles properly. These are the…
How do I petition to admit a lost will for probate in North Carolina? Detailed Answer In North Carolina, you can still probate a will even if the original is lost or destroyed. The process lets the court admit a copy or reconstruction of the will, provided you meet strict requirements. You must show that…
How do you open an intestate estate in the State of North Carolina to transfer vehicles, bank accounts, and a 401(k)? Answer When someone dies without a will in North Carolina, they leave an intestate estate. To transfer vehicles, bank accounts, and a 401(k), you must follow the state’s probate rules under Chapter 28A of…
