What are the procedures and timelines for reimbursement hearings and attorney fee allocations in North Carolina probate cases?

Understanding Reimbursement Hearings and Attorney Fee Allocations in North Carolina Probate 1. Detailed Answer When an estate in North Carolina nears distribution, the personal representative often seeks reimbursement for expenses and compensation for legal services. The Clerk of Superior Court oversees these requests. Below is an overview of the key steps, rules, and timelines you…

How can I obtain Letters of Administration in North Carolina if my co-executor lives out-of-state and won’t participate?

How to Obtain Letters of Administration in North Carolina When a Co-Executor Lives Out-of-State Detailed Answer When someone dies without a will or an executor is unable or unwilling to serve, North Carolina law lets the court appoint a personal representative to manage the estate. This appointment comes in the form of Letters of Administration.…

Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action?

Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action? Detailed Answer Commissioner’s Fees When parties cannot agree on dividing real estate, they may sue for a partition action in North Carolina. The court appoints impartial commissioners to survey the land, value the tracts, and recommend how to split or…

What steps are required to open and complete an intestate estate in North Carolina when someone dies without a will?

What Steps Are Required to Open and Complete an Intestate Estate in North Carolina When Someone Dies Without a Will? Step-by-Step Guide to Opening and Completing an Intestate Estate When someone dies without a valid will in North Carolina, they leave what is called an intestate estate. The court appoints a personal representative to administer…

How do I obtain Letters of Administration in North Carolina to stop foreclosure on inherited property?

How to Obtain Letters of Administration in North Carolina to Stop Foreclosure on Inherited Property Detailed Answer When a loved one dies without leaving a will or fails to name a personal representative, North Carolina law requires the court to appoint an administrator. Letters of Administration grant that administrator the authority to manage and protect…

What’s the difference between guardianship and a durable power of attorney in North Carolina, and when is each appropriate?

Detailed Answer When a loved one loses the capacity to make personal, financial or health decisions, you may consider either a guardianship or a durable power of attorney. In North Carolina, these two tools serve different purposes, follow separate procedures and carry unique advantages and drawbacks. Guardianship in North Carolina Guardianship is a court-supervised appointment…

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank?

What documents and information should I gather before contacting a State of North Carolina probate attorney and notifying my bank? Detailed Answer Starting probate or notifying your bank after a loved one’s death can feel overwhelming. Gathering the right paperwork and details in advance will streamline the process. In North Carolina, the clerk of superior…