How do I force a partition of property when my co-owner refuses to buy me out? – North Carolina Short Answer In North Carolina, any co-owner may file a partition action with the Clerk of Superior Court in the county where the land lies to force either a physical division (partition in kind) or a…
What is the process for filing a partition action to sell jointly owned land in North Carolina? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding started with the Clerk of Superior Court in the county where the land lies. Any co-owner may file. The Clerk first considers partition…
Can proceeds from timber on our jointly owned farm be distributed in a partition action? – North Carolina Short Answer Yes. In a North Carolina partition case, timber standing on the land is part of the real estate. If timber is harvested or sold, the Clerk of Superior Court can require an accounting and distribute…
Who is responsible for commissioner fees and attorney costs in a partition sale? – North Carolina Short Answer In North Carolina partition cases, the Clerk of Superior Court decides who pays costs. Commissioner compensation, appraisal/survey fees, advertising, auctioneer or broker commissions, and other sale expenses are usually taxed as “costs of the proceeding.” In a…
How can I open probate in North Carolina for my adult child who died without a will? – North Carolina Short Answer In North Carolina, you open an intestate estate (no will) through the Clerk of Superior Court in the county where your child lived. If the net personal property is $20,000 or less and…
What are the factors to consider when weighing whether we divide the land or opt for a private sale when pursuing a partition in North Carolina? Short Answer In North Carolina, the court prefers partition in kind (physically dividing the land) unless a party shows that division would cause substantial injury or is impracticable. If…
What steps are needed to appoint me as personal representative for a small estate with a minor child involved? – North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court (Estates Division) in the county where the decedent lived, and the clerk issues Letters of Administration if you qualify. As…
Can I administer a small estate remotely from my home state when the assets are limited to bank accounts? – North Carolina Short Answer Often, yes. If the North Carolina estate’s personal property is $20,000 or less (not counting liens) and at least 30 days have passed, an eligible person can collect bank accounts using…
How does a homicide investigation affect my ability to access and distribute my child’s assets? – North Carolina Short Answer In North Carolina, a homicide investigation does not automatically block you from opening your child’s estate or collecting modest bank accounts. But if any potential heir or applicant is suspected of willfully causing the death,…
How are assets distributed in North Carolina when a decedent leaves a minor child and a surviving parent without a will? – North Carolina Short Answer Under North Carolina’s intestate succession rules, if someone dies without a will and leaves a child but no spouse, the child inherits the entire probate estate. A surviving parent…
