FAQ 1: Why Must All Heirs and Devisees Be Included in an Estate Lawsuit to Partition or Sell Real Property? When someone dies owning real estate in North Carolina, any lawsuit to partition or force a sale of that property must name every person with a legal interest. That includes beneficiaries named in the will…
What rights do co-executors have to access and remove their share of estate property when a co-executor blocks them in North Carolina? When a loved one passes away with a valid will admitted in Forsyth County, co-executors receive letters testamentary that empower them to manage estate assets together. Under North Carolina law, each co-executor holds…
How do I admit a filed will to probate in North Carolina: probate without qualification vs. full estate administration? In North Carolina, simply filing a will with the Clerk of Superior Court does not put it in effect. You must take additional steps under Chapter 28A, Article 6 of the North Carolina General Statutes. You…
FAQ: How Does a Surviving Spouse Remove and Retitle Estate Vehicles Under the Year’s Allowance in North Carolina? When a North Carolina resident dies, the surviving spouse may claim a “year’s allowance” in lieu of homestead or intestate share. Under N.C. Gen. Stat. § 30-15, the spouse can take up to $60,000 in cash or…
FAQ: How Can a Step-Parent Serve as Personal Representative When Both Biological Parents Are Living in North Carolina? North Carolina law establishes a strict order of priority for who may qualify as personal representative (PR) of an intestate estate. Under G.S. 28A-6-2, the surviving spouse has first priority, followed by children, grandchildren, parents, siblings and…
1. How do I open a small estate in Buncombe County under North Carolina law? North Carolina allows heirs or other qualified individuals to simplify probate for small estates worth under $20,000.00 if the estate consists solely of personal property. Under N.C. Gen. Stat. § 28A-19-3, you may open a “small estate” proceeding rather than…
FAQ 1: How Long Should Heirs Allow for Settlement Negotiations Before Filing Probate Litigation in Wake County, NC? When co-heirs dispute distribution of estate assets, negotiating in good faith can save time and court costs. In Wake County—as in most North Carolina jurisdictions—personal representatives and heirs often set an internal “mile-marker” for settlement talks. Common…
1. Why Am I Filing an Amended Inventory Showing Zero Value? When you open a probate estate in North Carolina, you must file an initial inventory within three months of your appointment as personal representative. That document lists all estate assets “in your custody” as of the decedent’s date of death. Under N.C. Gen. Stat.…
How Will Receiving an Inheritance Affect My Disability Benefits and Medicaid Eligibility in North Carolina? When you receive an inheritance, you must understand how it interacts with Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI) and Medicaid. SSDI is an earned‐benefit program based on work credits. SSDI benefits will continue unchanged when you inherit…
How Do I Transfer a Deceased Parent’s Trailer Title in North Carolina Using a Small Estate Affidavit? In North Carolina, if your parent dies without a will and leaves personal property valued at $20,000 or less, you can use a Small Estate Affidavit under N.C.G.S. § 28A-18-2 to transfer title to vehicles, trailers or other…
