What steps are involved in starting ancillary probate after opening a probate? – North Carolina Short Answer In North Carolina, an “ancillary” estate is a second estate file opened in the Clerk of Superior Court to deal with property located in North Carolina when the main (domiciliary) estate is opened somewhere else. Starting it usually…
What happens to my parent’s medical and utility bills when we sell the house? – North Carolina Short Answer In North Carolina, a parent’s unpaid medical, utility, and credit card bills are generally paid (if at all) from the parent’s estate—not automatically from the sale of a house that passes directly to a surviving joint…
How do we legally transfer the house and car to our nephew with everyone’s agreement? – North Carolina Short Answer In North Carolina, family agreement alone does not transfer a deceased person’s house and car to a nephew. Title usually passes either (1) to the legal heirs under intestate succession and then the heirs sign…
Who is allowed to search a safedeposit box or personal files for the will, and what proof do I need? – North Carolina Short Answer In North Carolina, a decedents safe-deposit box is typically sealed after death, and it generally can only be opened to look for (and inventory) contents if the Clerk of Superior…
What is the process to formally open and conclude probate for a family house in North Carolina? – North Carolina Short Answer In North Carolina, probate is opened by qualifying a personal representative (executor under a will, or administrator if there is no will) with the Clerk of Superior Court and obtaining “Letters” that give…
Why would a court order property appraisal and mediation before addressing abandonment claims? – North Carolina Short Answer In North Carolina probate and related estate disputes, the clerk (and sometimes a judge) may order appraisals and mediation early to pin down property values and encourage settlement before holding a hearing on a claim like willful…
What steps and documents are required before the estate can sell property? – North Carolina Short Answer In North Carolina, an estate usually cannot sell a decedent’s real estate until the Clerk of Superior Court (and sometimes a Superior Court judge) authorizes the sale in a special proceeding, unless a will clearly gives the executor…
Can I force a sale or partition action of estate real properties when one heir is blocking? – North Carolina Short Answer Yes. In North Carolina, if heirs end up owning real estate together (as cotenants) and one heir refuses to cooperate, another heir can file a partition proceeding in Superior Court to ask the…
How can I legally contact and communicate with out-of-state heirs who refuse to respond? – North Carolina Short Answer In North Carolina, a personal representative can and should keep trying to reach out-of-state heirs using reasonable, documented methods (mail with tracking, email/text when available, and a clear written request for an address, ID, and preferred…
Should I press criminal charges against my sibling for taking my parent’s belongings after death? – North Carolina Short Answer In North Carolina, “pressing charges” is not a probate step and is not something a family member controls; law enforcement and the district attorney decide whether to bring criminal charges. Taking or selling a decedent’s…
