What steps must an out-of-state heir follow to open intestate estate administration in North Carolina? Detailed Answer When someone dies without leaving a valid will in North Carolina, the estate passes by intestate succession under G.S. 28A-2-1. An out-of-state heir who wants to serve as personal representative must follow specific steps to open the estate…
Overview: Paying Court Fees and Attorney Services from Estate Assets When you serve as a personal representative in North Carolina, you handle estate assets to settle debts and distribute inheritances. Two common expenses are probate court fees and attorney’s services. State law allows you to pay these expenses from the estate principal, provided you follow…
How Are Lapsed Gifts Handled Under North Carolina’s Anti-Lapse Statute When a Will’s Sole Beneficiary Predeceases the Testator? 1. Detailed Answer When someone writes a will in North Carolina and names a sole beneficiary, they expect that person to take the gift or property at death. But if that beneficiary dies before the testator (the…
How to Confirm Your North Carolina Probate Estate Is Officially Closed and Access Its Closing Documents Online 1. Detailed Answer When someone dies, the personal representative must settle all debts, file a final accounting, and obtain a court order discharging the estate. Under North Carolina law, the clerk of superior court oversees this process. To…
Detailed Answer In North Carolina, the Clerk of Superior Court handles all probate estates. When someone submits a will or applies for letters, the clerk opens a public file. You can verify if an estate is open by checking that file. Visit the Clerk’s office in person or use the online case management portal at…
Detailed Answer When a loved one dies in North Carolina, you must close out two main tax obligations: the decedent’s final personal income tax return and, if the estate’s value exceeds the federal filing threshold, a federal estate tax return. North Carolina does not impose a state‐level estate tax on estates of decedents who died…
How do I file a petition to probate a lost will in North Carolina under N.C. Gen. Stat. § 28A-6-2? Detailed Answer When a will cannot be located after a testator’s death, North Carolina law provides a clear pathway to probate that lost document. Under N.C. Gen. Stat. § 28A-6-2, the court may admit a…
How can I check if a partition petition has been filed in North Carolina and what should I do next? Detailed Answer When co-owners of real property cannot agree on sale or division, one party may file a partition petition under North Carolina law. To protect your interests, you should first confirm whether a petition…
How Can Heirs Force Sale of Inherited Real Property in North Carolina When a Co-Owner Refuses to Cooperate? Detailed Answer When someone inherits real property in North Carolina alongside other heirs, each heir holds an undivided interest as tenants in common. If one co-owner refuses to agree to a sale or deed transfer, the other…
How to Remove a Beneficiary from Your Will in North Carolina Detailed Answer When you want to remove someone named in your will, you must follow the same formalities required to create or change a will in the State of North Carolina. You have two main options: create a codicil or draft a new will.…
