Category Archives: Probate Q&A Series

What actions can an heir take if an administrator breaches fiduciary duties or commits fraud with estate property?

Detailed Answer Under North Carolina probate law, the personal representative—commonly called an administrator if there is no will—owes every heir a strict fiduciary duty. That means the representative must collect, safeguard, and distribute estate property with the same care an ordinarily prudent person would use with their own assets. When the representative mismanages funds, self-deals,…

What Options Exist for a Co-Owner to Buy Out the Other’s Interest Before a Court-Ordered Sale in North Carolina?

How a North Carolina Co-Owner Can Buy Out the Other’s Interest and Avoid a Forced Sale Detailed Answer Why a Buyout Is Often Better Than a Court-Ordered Sale The clerk of superior court may order a public sale when co-owners (also called tenants in common) cannot agree on what to do with the property. Public…

How Can a Co-Owner Compel the Sale of Jointly Owned Property When Another Co-Owner Refuses in North Carolina?

Detailed Answer North Carolina law gives any co-owner of real estate the power to force a division or court-ordered sale when the other owners will not cooperate. The process is called a partition action and is governed by Chapter 46A of the North Carolina General Statutes. Below is a step-by-step roadmap. 1. Confirm Ownership and Title…

How Is the Net Equity from a Forced Sale Divided to Reimburse Improvements, Taxes, and Debts in North Carolina?

Detailed Answer: How North Carolina Courts Split Net Equity After a Forced Sale When co-owners cannot agree on how to keep or divide real estate, any owner may file a partition action. North Carolina now handles these cases under Chapter 46A of the North Carolina General Statutes. If the clerk or judge orders a sale in…

What Procedures Govern Court-Ordered Mediation Between Co-Owners Before a Property Sale in North Carolina?

What Procedures Govern Court-Ordered Mediation Between Co-Owners Before a Property Sale in North Carolina? Detailed Answer North Carolina encourages co-owners who are locked in a partition action to settle their differences through mediation before the court orders a sale. Two legal frameworks control the process: Chapter 46A of the North Carolina General Statutes (the Partition Act),…

How are attorney fees allocated when co-owners’ interests conflict in a partition action in North Carolina?

How North Carolina Courts Split Attorney Fees When Co-Owners Battle Over a Partition Detailed Answer When two or more co-owners cannot agree on what to do with shared real estate, one may file a partition action to force either a physical division (partition in kind) or a court-ordered sale. Because each owner may hire separate…

What Steps Are Required to Obtain a Court-Ordered Survey Funded From the Property’s Sale Proceeds in North Carolina?

Steps to Obtain a Court-Ordered Survey Paid From Sale Proceeds in a North Carolina Partition Action Detailed Answer In a North Carolina partition action, the court may require a current survey to establish metes and bounds, locate improvements, or confirm acreage before an in-kind division or a court-ordered sale. Below is the step-by-step roadmap for…

How Can One Locate a Surveyor Willing to Accept Payment Out of Sale Proceeds After Completion?

Detailed Answer In many North Carolina partition actions the property must be surveyed before the court can approve either a physical division (partition in kind) or a court-ordered sale. Paying a surveyor out of the eventual sale proceeds—rather than writing a check up front—can ease cash-flow for the co-owners. Below is a step-by-step approach that…

What Options Exist for Sharing Survey Costs Among Co-Owners When Some Owners Are Unresponsive?

Sharing Survey Costs in a North Carolina Partition – What If Some Co-Owners Stay Silent? Quick Answer North Carolina law gives a cooperative co-owner several tools to fund a land survey when other owners refuse to respond. You may: Sign a private cost-sharing agreement with the willing owners and reserve repayment rights against the quiet…

How to Verify and Probate an Old Will Discovered Decades After Execution in North Carolina?

Old Will Found Decades Later? How to Verify and Probate It in North Carolina Quick Answer You may still probate a decades-old North Carolina will if you can (1) present the original or prove a lost copy, (2) satisfy the signature and witness requirements in N.C. Gen. Stat. § 31-3.3 and § 31-3.4, and (3)…