How long does it take to prepare and file a North Carolina probate petition for undivided land with multiple heirs? When real property remains undivided and multiple heirs own an interest, a probate petition in North Carolina requires careful preparation. In Wake County, for example, a petition must describe the property accurately, list every heir…
How can co-owners resolve a dispute over inherited real property and avoid a partition sale in Wake County, North Carolina? When two or more heirs inherit land together and one wants out, North Carolina law lets any co-owner file a partition action in superior court under N.C. Gen. Stat. § 46-40. Partition can take the…
How is inherited real property titled when a decedent added a non-spouse as co-owner and died intestate in Duplin County, North Carolina? When someone dies without a will in North Carolina, their ownership interest in real estate passes by intestate succession under N.C. Gen. Stat. § 29-14 and § 29-15. First, review the deed in…
What can I do if my attorney delays filing my annual accounting as a personal representative in Wake County? As the personal representative you hold ultimate responsibility for timely filing an annual account, even if you rely on counsel to prepare it. In Wake County, North Carolina, annual accounts must generally be submitted within 90…
FAQ 1: Do I need primary probate in Florida and ancillary probate in North Carolina to transfer a North Carolina property after someone dies without a will? When a decedent holds real estate in North Carolina but resides (and dies) in another state, you generally open probate in the decedent’s domicile first. In your case,…
Can we avoid probate to transfer our parents’ house to siblings? Under North Carolina law, real property owned solely by decedents transfers by probate, even if multiple heirs agree among themselves. If your parents died without a joint‐tenant deed or trust, the house passed by intestate succession to you and your siblings. You can’t update…
FAQ 1: Do I Need Formal Probate or Can I Use After-Death Posting to Clear Title on Chatham County Real Estate? If you plan to purchase inherited property in Chatham County, North Carolina, you may wonder whether you can avoid opening a full probate estate. Under North Carolina law, real property generally passes only through…
Question 1: Do I Have to Respond to a Probate Summons as a Named Respondent? In North Carolina, if you receive a summons as a respondent in a probate proceeding, you are not automatically required to take any action. The summons notifies you that someone has filed a will or an intestate estate in a…
Can a Co-Signer Continue Using a Decedent’s Bank Account and Close It Without Opening an Estate Account? In Whitney County, if you were listed as a co-signer (but not a joint owner) on your grandparents’ bank account, you technically didn’t acquire ownership of the funds. North Carolina law requires that any assets of the decedent…
How can I remove a minor’s co-ownership interest and sell inherited property in North Carolina? When a parent and child each hold a fifty percent interest in real estate, selling the property triggers special requirements if the child is under 18. You have two primary options under North Carolina law: appoint a guardian of the…
