What steps are required to open an intestate estate in North Carolina when someone dies without a will? 1. Detailed Answer When someone dies without a valid will in North Carolina, the property passes by intestate succession. You must open an intestate estate through the Clerk of Superior Court in the county where the decedent…
How can I change the personal representative or attorney handling a long-pending probate estate in North Carolina? 1. Detailed Answer Understanding Your Options Under North Carolina Law When a probate estate drags on, interested persons—such as beneficiaries or creditors—can ask the clerk of superior court to remove a personal representative. They can also seek to…
How to Open an Intestate Estate in North Carolina Detailed Answer When someone dies without a valid will in North Carolina, their estate passes under intestate succession rules found in Chapter 28A of the North Carolina General Statutes. To open an intestate estate, you must file a Petition for Appointment of Personal Representative with the…
What Evidence Should a Spouse Gather to Prove No Abandonment and Protect Spousal Allowance under North Carolina Probate Law? Detailed Answer Under North Carolina law, a surviving spouse may receive a statutory allowance for support during probate. North Carolina General Statutes §30-15.2(d) requires that the spouse not have deserted or abandoned the decedent within one…
How do I compel an executor to file a will in North Carolina if they refuse to disclose it? Detailed Answer Under North Carolina law, any person holding an original will must deliver it to the clerk of superior court in the county where the decedent lived. North Carolina General Statute § 28A-2-2 requires prompt…
What initial steps and filings are required to open a probate estate in North Carolina? 1. Detailed Answer When someone passes away in North Carolina, you must open a probate estate to transfer assets, pay debts, and distribute property. You start by determining whether the decedent left a valid will. If there is a will,…
How does tenancy by the entirety in North Carolina avoid probate and impact heirs’ inheritance rights? Detailed Answer Tenancy by the entirety is a special form of joint ownership available only to married couples under North Carolina law. When a married couple holds real estate or other property as tenants by the entirety, each spouse…
What remedies do beneficiaries have in North Carolina if an estate administrator mismanages assets or ignores statutory duties? Detailed Answer When an estate administrator mismanages assets or ignores duties, beneficiaries have several legal tools under North Carolina law to protect their interests. First, beneficiaries can demand that the administrator render a full accounting of all…
How do North Carolina’s year’s allowance and elective share protect a surviving spouse when the will leaves specific assets? Detailed Answer What Is the Year’s Allowance? North Carolina law grants a surviving spouse a “year’s allowance” from the decedent’s personal property. Under N.C. Gen. Stat. § 30-15, the court sets aside a sum—currently up to…
When can I use a North Carolina Small Estate Affidavit to collect bank accounts under $20,000? Detailed Answer If a loved one dies owning less than $20,000 in personal property located in North Carolina, you may be able to use a Small Estate Affidavit instead of full probate. The Small Estate Affidavit process lets certain…
