Category Archives: Probate Q&A Series

How do beneficiary-designated (POD/Transfer-on-Death) accounts bypass probate in North Carolina?

How Do Beneficiary-Designated Accounts Like POD or Transfer-on-Death Savings Accounts Affect North Carolina Probate? In North Carolina, assets held with beneficiary designations—such as “Payable on Death” (POD) bank accounts or Transfer-on-Death registrations—bypass probate entirely. When a decedent names a beneficiary on a savings account, the financial institution must release funds directly to that person upon…

What steps do I need to file and complete a partition action to sell co-owned real property in North Carolina?

FAQ 1: What steps must I follow to file and complete a partition action to sell co-owned real property in North Carolina? A partition action under North Carolina law lets any tenant in common—or their heir, devisee or personal representative—ask a superior court to divide or sell jointly owned land. Under N.C.G.S. § 46-4, you…

How can I verify whether my NC probate lawyer’s retainer covers full probate administration or limited representation?

What Is the Difference Between Full Probate Administration and Limited Representation in North Carolina, and How Can I Confirm My Attorney’s Scope of Services? When you hire a probate attorney in North Carolina, the retainer agreement should clearly describe whether you’re engaging for full probate administration or for a limited task. Full probate administration generally…

Can I sell inherited real property without probate in North Carolina, and what probate or partition steps apply?

1. Can I Sell Inherited Real Property Without Opening Probate in North Carolina? Many heirs assume that real estate automatically passes outside of probate. The truth is more nuanced. If the decedent held property as tenants by the entirety with a spouse or as joint tenants with right of survivorship, title passes automatically at death…

When and how do I file a North Carolina Small Estate Affidavit in Wayne County for an estate under $20,000?

When can I use a North Carolina Small Estate Affidavit in Wayne County and how do I start the process? North Carolina law provides a simplified procedure to collect certain probate assets through a Small Estate Affidavit (Form E-203B) when the decedent’s net probate estate is under $20,000 and there is no real property to…

What fees and costs should I expect when hiring a North Carolina probate attorney?

Probate FAQ 1. What fees and costs should I expect when hiring a North Carolina probate attorney? In North Carolina, probate attorneys typically require an initial retainer to open your case and cover early work. Based on common practice in Durham County and statewide, you can expect: • An upfront retainer of roughly $1,500–$2,500. This…

When can I use estate funds to repair and sell real property after creditor claim period in Cumberland County, NC?

When can I use estate funds to repair and sell real property after the creditor claim period in Cumberland County, NC? As the administrator of an intestate estate in Cumberland County, you hold title to probate assets under N.C. Gen. Stat. § 28A-2-1. Once you qualify and file for Letters of Administration, North Carolina law…

How can I verify if an estate is open in Lee County, North Carolina?

How Can I Verify Whether Dorothy Sizemore’s Estate Is Open in Lee County, NC? If you need to confirm whether someone has opened probate for a loved one in Lee County, you can start with the Lee County Clerk of Superior Court’s online docket search or visit the courthouse in Sanford. North Carolina General Statutes…

How do I establish guardianship for an incapacitated adult in North Carolina?

How do I establish guardianship for an incapacitated adult in North Carolina? When a loved one can’t manage personal or financial affairs, you’ll need to file a guardianship petition in the county where the ward lives. In Fayetteville (Cumberland County), the process follows N.C. Gen. Stat. § 35A-1101 et seq. You ask the clerk of…

How can heirs and co-owners resolve competing claims and include all interested parties in an Alamance County partition action?

How can co-owners and heirs resolve competing claims and join interested parties in an Alamance County partition action? When several beneficiaries inherit real property in Alamance County, they often file a partition action under N.C. Gen. Stat. Chapter 46 to divide or sell the land. A partition petition goes to the clerk of superior court…