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…
Can a handwritten (holographic) will override tenancy by the entirety to transfer half of a marital home in the State? Understanding Holographic Wills and Tenancy by the Entirety Under North Carolina law, a holographic will—one written entirely in the testator’s own handwriting without witnesses—does not meet the formal requirements for a valid will. The North…
Detailed Answer When a loved one dies without alerting you or sharing their estate plan, North Carolina law still gives you pathways to discover any existing will and to catalog all assets—both probate and non-probate. As personal representative (also called executor or administrator), you have a duty to locate the will, gather information about the…
How to Open an Intestate Estate in North Carolina to Pursue a Wrongful Death Claim Detailed Answer When someone dies without a valid will in North Carolina, the state’s intestate succession laws govern how their estate passes to heirs. If you also need to bring a wrongful death action on behalf of the decedent, you…
How to Obtain Certified Copies of a Probated Will and Death Certificate in North Carolina Detailed Answer When someone dies, you often need certified copies of both the probated will and the death certificate for banking, estate administration, or legal matters. In North Carolina, each document comes from a different office and follows its own…
How to Open an Intestate Estate in North Carolina Detailed Answer When someone dies without a will in North Carolina, the court follows the rules of intestate succession under Chapter 28A of the North Carolina General Statutes. Intestate succession determines who inherits the decedent’s property and appoints a personal representative to administer the estate. 1.…
How Do I Open and Administer an Intestate Estate in North Carolina as Sole Heir with Mortgage and Debts? Detailed Answer When someone dies without a will (intestate) in North Carolina, its estate must pass through probate under Chapter 28A of the North Carolina General Statutes. As the sole heir and distributee, you have the…
What steps must I take 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 estate is “intestate.” You must follow the state’s probate process to appoint an administrator, collect assets, pay debts, and distribute property under…
