What Happens if You Sit Out the Probate Process in North Carolina? Detailed Answer When someone dies owning assets in North Carolina, the estate must usually be opened through the probate court so a personal representative (executor or administrator) can: Gather and protect property; Pay valid debts and taxes; and Distribute the balance to heirs…
Who Would Serve as Administrator if the Mother Does Not Consent? Detailed Answer Under North Carolina probate law, the clerk of superior court appoints an administrator when someone dies without a will (intestate) or when the will fails to name a qualified personal representative. N.C. Gen. Stat. § 28A-4-1 establishes a priority list that the…
North Carolina Partition Actions When a Co-Owner Is Missing or Opposes the Sale Detailed Answer North Carolina co-owners of real estate have a statutory right to force a division of the property through a partition action. Two common roadblocks are: The other owner cannot be found, or The other owner adamantly objects to selling the…
How to Serve Partition Pleadings When a Co-Owner Cannot Be Found in North Carolina Detailed Answer North Carolina partition cases start like any other civil action: every person with an ownership interest must receive a summons and a copy of the petition (N.C. Gen. Stat. Chapter 46A). But what happens when one co-owner has vanished? North…
How to Confirm Whether Property Tax Obligations Are Current for a North Carolina Property Why It Matters in a Partition Action Before you ask a court to divide or sell jointly-owned real estate in a North Carolina partition action, you must know whether county and municipal taxes are up to date. Delinquent taxes create automatic…
North Carolina Guide: Securing a Formal Property Valuation Before Filing a Partition Action Detailed Answer When co-owners of North Carolina real estate cannot agree on whether to sell or divide the land, one of them may file a partition action under N.C. Gen. Stat. Chapter 46A. Before you start that lawsuit, order a state-certified appraisal. A…
Can an heir receive a default portion of foreclosure surplus funds before completing full heir verification? Detailed Answer When a North Carolina property goes through a foreclosure and the winning bid exceeds the debt and costs, the excess money—known as surplus funds—is paid to the Clerk of Superior Court. The Clerk acts as a stakeholder…
North Carolina Surplus Funds: How to Identify Every Heir and Calculate Their Share Detailed Answer Why “Surplus Funds” Matter When property sells at a North Carolina foreclosure or tax-foreclosure auction for more than the balance owed, the extra money is called surplus funds. The Clerk of Superior Court holds the money until the rightful owners…
Detailed Answer Before you, as personal representative of a North Carolina estate, sign a real-estate listing agreement, confirm that you actually have authority to sell the property. Under N.C. Gen. Stat. § 28A-13-3(a)(4), an executor or administrator may sell real property only if: the will expressly authorizes a sale, or the Clerk of Superior Court…
How to Sell North Carolina Real Estate After a Life Estate Ends Detailed Answer In North Carolina, a life estate lets one person (the life tenant) use property for life, while the remainder beneficiary owns what is left when the life tenant dies. When the life tenant passes away, the life estate terminates automatically and…
