When several family members inherit land, they become co-heirs and hold the property as tenants in common. North Carolina law lets co-heirs either reach a voluntary settlement or ask the court to divide or sell the land. Understanding each option and following the right steps can help co-heirs avoid conflict and protect their interests. 1.…
What Court Permissions and Precautions Must a North Carolina Personal Representative Take Before Relocating Estate Vehicles Encumbered by Foreclosure? When a decedent’s estate includes vehicles subject to a secured creditor’s interest or pending foreclosure, a personal representative in North Carolina must follow specific steps. These steps protect the estate, secure the creditor’s rights, and comply…
Detailed Answer When a personal representative needs to sell real estate belonging to an estate and recover the costs of carrying that property, North Carolina law requires you to file a special proceeding in the clerk of superior court. The key statutes are G.S. 28A-15-3 (sale of real property) and G.S. 28A-13-3 (allowance of costs…
What steps must a personal representative take to sell decedent’s vehicles and account for the proceeds in North Carolina probate? Detailed Answer When a personal representative (sometimes called an executor) handles a decedent’s estate in North Carolina, selling vehicles falls under the administration of personal property. You must follow statutory requirements and court rules to…
How do I open an intestate estate in North Carolina when the surviving spouse hasn’t initiated probate? Detailed Answer When someone dies without a valid will in North Carolina, their estate is “intestate.” To distribute assets and settle debts, you must open an intestate estate by appointing a personal representative. North Carolina law sets out…
What duty does a North Carolina personal representative have to negotiate SBA and other creditor claims in a probate estate? Detailed Answer When someone dies with debts, the personal representative steps in to settle the estate. In North Carolina, that person has a fiduciary duty to handle all valid creditor claims, including those by the…
How do I file a special proceeding to sell estate real property in North Carolina? Detailed Answer When an estate cannot distribute real property without liquidating assets, the personal representative must file a special proceeding. North Carolina law outlines this process in Chapter 28A, Article 17 of the General Statutes. This procedure lets the clerk…
How do parents inherit equally and serve as personal representative when an adult child dies intestate in North Carolina? Detailed Answer When an adult child dies without a valid will in North Carolina, the state’s intestate succession law determines who inherits the estate. If the decedent has no surviving spouse or children, the estate passes…
How can a surviving spouse protect assets from creditors in an insolvent North Carolina probate estate? Detailed Answer When a loved one dies with more debts than assets, creditors may seek payment from the probate estate. North Carolina law gives a surviving spouse specific allowances and rights that take priority over most creditor claims. By…
What steps must a guardian take to claim and track a minor’s estate distribution check in North Carolina? Detailed Answer When a minor inherits assets through probate, a guardian of the minor’s estate must take specific actions to secure, deposit, and monitor those funds. North Carolina law establishes clear procedures that protect the minor’s interests…
