How does a personal representative resign in North Carolina probate and how is a successor selected? 1. Detailed Answer In North Carolina probate, a personal representative (sometimes called an executor or administrator) may step down before completing estate administration. State law sets out the steps for resignation and the process for selecting a new fiduciary.…
Detailed Answer When a property sells for more than the amount owed in back taxes, interest, and costs, North Carolina law designates those excess proceeds as surplus funds. Recovering these funds requires you to follow a defined process under state statutes. Here’s what you need to know: 1. Statutory Framework North Carolina General Statute §…
What steps are required to prepare and record a quitclaim deed for inherited property in North Carolina probate? Detailed Answer When someone inherits real estate in North Carolina through probate, transferring title to a beneficiary typically requires a quitclaim deed. A quitclaim deed conveys whatever interest the executor or administrator holds without warranty. Follow these…
Detailed Answer When a decedent’s will names the surviving spouse as executor but the spouse refuses to file it, heirship can delay estate administration. North Carolina law provides a clear path for heirs to step in and open probate so the estate can move forward. First, an heir should file a Petition for Administration with…
What bank statements and records are required for a personal representative’s annual probate accounting in North Carolina? Detailed Answer Under North Carolina law, a personal representative must file an annual account with the clerk of superior court until the estate closes. North Carolina General Statutes section 28A-22-18 requires this accounting at the end of the…
How to Open a Probate Estate and Compel an Uncooperative Co-Executor in North Carolina Detailed Answer When someone dies in North Carolina with assets titled in their name alone, you generally must open a probate estate in the clerk of superior court’s office. That process gives personal representatives (often called executors) the legal authority to…
What steps are required to probate a lost will copy under North Carolina’s solemn form procedure? Detailed Answer Under North Carolina law, you may admit a copy of a lost or destroyed will using the solemn form procedure. This process ensures the will’s validity despite the original document’s absence. You must satisfy specific requirements under…
Detailed Answer Under North Carolina law, a surviving spouse who does not accept the provisions of a will may elect to claim an elective share of the deceased spouse’s estate. The elective share equals one–third of the net estate after debts and expenses. To claim this share and halt any further estate distributions, the spouse…
How Tenancy by the Entirety in North Carolina Avoids Probate and Automatically Transfers Property to the Surviving Spouse Detailed Answer In North Carolina, married couples can hold real estate as tenants by the entirety. This form of ownership treats both spouses as a single legal unit. When one spouse dies, the surviving spouse automatically owns…
What steps are required to open an intestate estate in North Carolina and ancillary probate in California? 1. Detailed Answer Handling an estate when someone dies without a will in North Carolina requires you to follow the state’s intestacy rules. When the deceased also owned property in California, you must open an ancillary probate there…
