How can I be appointed as the personal representative quickly if the initial probate hearing was continued? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court has the authority to appoint a personal representative and issue “letters” that prove the appointment. If a probate hearing was continued without a new date…
Can an estranged spouse who has been separated for years and signed a separation agreement still inherit or claim a spousal allowance? – North Carolina Short Answer In North Carolina, an estranged spouse can often still inherit from an intestate estate and can usually still claim the spousal year’s allowance unless a legal bar applies.…
If some beneficiaries disagree, how does a partition action work and what are the risks that the court orders a sale instead of division? – North Carolina Short Answer In North Carolina, when co-owners (including heirs or devisees who took title after a death) cannot agree on what to do with inherited real estate, any…
How do I start probate for my parent’s estate and what paperwork do I need? – North Carolina Short Answer In North Carolina, probate (estate administration) usually starts by taking the original will (if there is one) and basic family and asset information to the Clerk of Superior Court in the county where the parent…
If I live out of state, can I file and participate remotely, and what deadlines should I watch? – North Carolina Short Answer Yes—many North Carolina probate steps can be handled while living out of state, but the amount of “remote participation” depends on what is being filed and the Clerk of Superior Court’s local…
Can we list the property now with a contract that closes after a specific date tied to the waiting period, and how would that affect buyers and escrow? – North Carolina Short Answer In North Carolina, a home can often be listed and put under contract before a probate-related “waiting period” ends, as long as…
Do we need a formal written appraisal for the vehicles, or are market comparisons and estimates sufficient? – North Carolina Short Answer In North Carolina probate, a formal written appraisal is not automatically required for estate vehicles. The personal representative generally must report a good-faith fair market value as of the date of death on…
How do I get appointed as the administrator if the original administrator stopped acting and I’m now handling everything? – North Carolina Short Answer In North Carolina, only the Clerk of Superior Court (the probate court) can change who is serving as administrator. If the currently appointed administrator has stopped acting, the usual path is…
How do I handle a real estate agent who seems biased toward another heir and is sharing my personal information? – North Carolina Short Answer In North Carolina, a real estate agent involved in selling estate property should take direction from the person with legal authority to act for the estate (often the personal representative)…
How can I tell if it makes sense to open my deceased relative’s estate when the debts look bigger than the assets, and what risks do I take if I do? – North Carolina Short Answer In North Carolina, opening an estate can still make sense even when debts appear to exceed assets, because a…
