How do I transfer a deceased parent’s trailer title in North Carolina using a Small Estate Affidavit? 1. Detailed Answer When a parent passes away in North Carolina and leaves behind personal property valued under $20,000, you may avoid formal probate by using a Small Estate Affidavit under Article 11 of Chapter 28A of the…
How a Surviving Spouse Transfers and Records Title to Real Property After an Intestate Death in North Carolina Detailed Answer When a person dies without a valid will in North Carolina, intestate succession rules under N.C. Gen. Stat. § 29-14 determine who inherits real estate. A surviving spouse often inherits all or part of the…
Can a North Carolina clerk offer legal advice when assisting with probate filings, or only perform ministerial tasks? Detailed Answer In North Carolina, clerks of superior court play an essential role in the probate process. However, their authority is strictly limited to ministerial duties. They cannot provide legal advice or interpret the law for parties…
How to Transfer Title of a Deceased Parent’s Travel Trailer in North Carolina Using a Small Estate Affidavit Detailed Answer When a parent passes away owning a travel trailer, you may avoid formal probate if their personal property totals $20,000 or less. North Carolina’s small estate affidavit process under G.S. 28A-19-31 lets heirs collect titled…
How to Open an Intestate Estate in North Carolina and Access Bank and Retirement Accounts Detailed Answer When someone dies without a valid will in North Carolina, they die “intestate.” State law sets out a process to appoint a personal representative, collect assets, pay debts and distribute property to heirs. You must open probate in…
Understanding Co-Heir Rights Under North Carolina Law When a parent or other family member passes away and leaves real property to multiple heirs, each heir holds an undivided interest in the property. North Carolina law grants co-heirs equal rights of possession and control. If one co-heir, such as a sibling, refuses to allow access, use…
What happens to real property when someone dies without a will in the State of North Carolina? When a person dies without a will in North Carolina, they die “intestate.” The law sets out exactly how to handle their real property—land and buildings—through a process called intestate succession. This article explains how the state distributes…
How can a surviving spouse retitle and sell a deceased spouse’s vehicles in North Carolina under the year’s allowance? Detailed Answer North Carolina’s year’s allowance lets a surviving spouse set aside personal property, including motor vehicles, for support during the first year after a spouse’s death. To retitle and sell a deceased spouse’s car under…
How to claim life insurance proceeds if the named beneficiary dies after the insured but before payment? Detailed Answer When an insured person passes away, life insurance proceeds typically go directly to the named beneficiary. But what happens if that beneficiary dies after the insured but before the insurer pays out? In North Carolina, the…
What steps should heirs in North Carolina take to verify and protect their inherited real property interests? Detailed Answer When you inherit real property in North Carolina, you gain a valuable interest. To secure your rights and avoid disputes, follow a clear process grounded in North Carolina law. 1. Open the Estate in Probate Court…
