How Should I Determine Where to Open Probate for an Estate with Assets in Multiple States? Detailed Answer When a person dies owning assets in more than one state, you must sort out both a primary probate and possible ancillary probates. North Carolina law directs you to open probate in the decedent’s domicile, then handle…
How Can I Obtain Bank Records and Signature Cards of a Deceased Person in North Carolina? Detailed Answer When a loved one passes away, you may need their bank records and signature cards to settle the estate properly. In North Carolina, only a personal representative (also called an executor or administrator) qualifies to request these…
How Can I Challenge the Validity of an Illegitimate Heir’s Estate Claim? 1. Detailed Answer Under North Carolina law, an “illegitimate” child generally cannot inherit from a parent’s estate unless the child meets strict statutory criteria. N.C. Gen. Stat. §31-10 defines who qualifies as an heir. When someone files a claim as an heir but…
Detailed Answer Probate in North Carolina requires a personal representative to settle an estate under court supervision. Often, the personal representative hires an attorney to guide the process. North Carolina law authorizes the clerk of superior court to allow reasonable attorney’s fees in probate. This authority appears in G.S. 28A-18-1, while the personal representative’s commission…
1. How Can I Obtain Bank Records of a Deceased Person in North Carolina? When administering an estate in North Carolina, accessing the deceased person’s bank records and signature cards is a crucial step. These documents help establish the decedent’s assets, verify account ownership, and ensure proper distribution to beneficiaries. Here’s a comprehensive guide on…
Frequently Asked Questions About Probate Administration in North Carolina If you are navigating the complex world of probate in North Carolina, this FAQ aims to provide clear and helpful answers to your questions. Please reach out to Pierce Law Group by emailing intake@piercelaw.com or calling (919) 341-7055 for more personalized assistance. What happens if the…
How Do I Change the Name on a Deed After a Spouse’s Passing in North Carolina? Detailed Answer In North Carolina, updating the deed after your spouse dies depends on how you held title. Many married couples hold real estate as tenants by the entirety or as joint tenants with rights of survivorship. In these…
Understanding Spousal Claims and Siblings’ Rights in North Carolina Probate When a person dies in North Carolina leaving a will, the surviving spouse has specific statutory rights that can affect distributions to other beneficiaries, including siblings. Under N.C.G.S. § 30-3.1, the spouse may elect to take an elective share—a one-quarter interest in the decedent’s net…
How to Handle Will Disputes and Simplify Probate with a Small Estate Affidavit in North Carolina 1. Addressing Will Disputes in North Carolina Probate If you believe a will is invalid, North Carolina law lets interested parties challenge it in the clerk of superior court. Common grounds for contesting a will include: Lack of testamentary…
What proof of death does the clerk require and how to avoid an implied renunciation hearing in North Carolina probate? Detailed Answer When you open a probate estate in North Carolina, the clerk of superior court needs reliable proof that the decedent has died. North Carolina law generally requires a certified death certificate or other…
