FAQ 1: How Do I Open Probate and Obtain Letters Testamentary in Avery County, North Carolina? When you serve as executor of a will in Avery County, you start by filing the original will and a petition for letters testamentary with the Avery County Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-6-1 you…
What are an executor’s key duties and potential liabilities under North Carolina probate law? When someone appoints an executor or personal representative in North Carolina, that individual takes on significant legal duties. In Guilford County and across the state, Chapter 28A of the North Carolina General Statutes spells out those responsibilities. Under N.C. Gen. Stat.…
1. What Is Ancillary Probate in North Carolina and When Do I Need It? Ancillary probate in North Carolina is a secondary probate process for estates opened here by a personal representative appointed in another jurisdiction. Under N.C. Gen. Stat. § 28A-14 (https://ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-14.html), you must file ancillary probate whenever a decedent’s major assets—real estate, bank…
What are my options for selling an inherited co-owned property in Wake County, North Carolina? When you inherit real estate in North Carolina with siblings or other family members, each person holds an undivided interest in the whole property. North Carolina law allows any co-owner to propose a sale, but everyone must agree to avoid…
How do I open probate for an intestate estate in Franklin County, North Carolina with limited assets? When someone dies without a will (intestate) in Franklin County, North Carolina, heirs must open a probate estate unless they qualify for a Small Estate Affidavit under N.C. Gen. Stat. § 28A-21-1. Real property—like a camper affixed to…
How Can an Out-of-State Executor Appoint a North Carolina Resident Process Agent and Open Probate in Wake County? When someone dies owning property in North Carolina, the clerk of superior court requires that the personal representative (formerly “executor”) either reside in state or appoint a North Carolina resident process agent to accept service of process…
How Do I Locate and Probate a Lost or Unfiled Will in Person County, North Carolina? Under North Carolina law, anyone who believes a decedent executed a valid will must first contact the clerk of superior court in the county where the decedent lived or where real estate lies. In your case, this means calling…
How do I use a Small Estate Affidavit to transfer a camper from an intestate estate in Franklin County, North Carolina? When someone dies without a will in North Carolina, personal property valued under $20,000 may pass to heirs by affidavit rather than through full probate. Under N.C. Gen. Stat. § 28A-15-3, a “Small Estate…
How Can I Protect Life Insurance Proceeds for My Minor Child and Prevent Misuse by a Spouse? When you have multiple life insurance policies—through private carriers, the VA and your employer—and you name your spouse as primary beneficiary, those proceeds pass outside probate. In Durham County (and everywhere in North Carolina), you must confirm your…
