Category Archives: Probate Q&A Series

How can co-heirs in North Carolina fairly divide sentimental personal property during probate and comply with written receipt requirements?

1. How Do Co-Heirs Fairly Divide Sentimental Personal Property in a North Carolina Probate? When a loved one dies without a clear plan for dividing antiques, furniture or other personal property, siblings can find themselves locked in conflict over sentimental items. North Carolina law gives your personal representative (formerly called an “administrator”) the duty to…

How can I compel a personal representative to produce a decedent’s original will under North Carolina law?

FAQ 1: How do I compel a personal representative to produce a decedent’s original will? Under North Carolina law, a personal representative must deposit the decedent’s original will with the clerk of superior court in the county where probate occurs. See N.C. Gen. Stat. § 28A-14-2. If the personal representative or an attorney holding the…

How do you use a permissive notice approach under N.C. Gen. Stat. § 28A-18-11 for final accounting in NC probate?

What is a permissive notice approach to final accounting in North Carolina probate? In North Carolina probate, a “permissive notice” approach offers a streamlined way to serve your beneficiaries with the public record portion of the personal representative’s final accounting. Rather than circulating every voucher, bank statement and attachment, you file the accounting with the…

What should a personal representative do if Medicaid Estate Recovery files a satisfaction of claim after omitting estate real property?

What should I do if Medicaid Estate Recovery filed a satisfaction of claim prematurely because the estate’s real property was omitted? Under North Carolina law, the Division of Medical Assistance (DMA) may file a satisfaction of claim once it thinks all estate assets have been reported. If your annual accounting failed to list real property,…

How can heirs stop a former power of attorney from misusing estate assets after death in North Carolina?

Q1: What steps can heirs take to stop a former power of attorney after death and recover misused estate assets in North Carolina? When a healthcare or financial power of attorney expires at death, anyone continuing to act loses authority. North Carolina General Statutes Chapter 32A spells out how to revoke or challenge a power…

Is there a deadline to open probate in North Carolina after someone’s death?

Is there a deadline to open probate in North Carolina? Under North Carolina law, you may open a probate estate at any time after a person’s death. There is no statute limiting how long you have to file a petition for probate in Jacksonville County or any other county. Even if the decedent passed away…

How do I compel a personal representative in North Carolina to produce a decedent’s original will?

How Do I Compel a Personal Representative to Produce the Original Will in North Carolina? When a named executor or family member holds—or claims to have lost—a decedent’s original will, you can’t simply wait indefinitely. North Carolina law allows interested parties to ask the clerk of superior court to require production of the original. Under…

How do I join a partition action and sell inherited property in Northampton County, NC?

How Do I Join a Partition or Special Proceeding to Sell Inherited Property in Northampton County, NC? If you inherit an interest in real property through intestacy or by surviving spouse rights, you must be formally added as a party before a court may order its sale. In Northampton County—where Garysburg lies—the clerk of superior…

How can I stop a foreclosure on inherited property during probate in Rockingham County?

What if the appointed personal representative dies before probating my grandmother’s estate in Rockingham County? If the person named in your grandmother’s will (your father) died before opening or completing probate, North Carolina law provides for a successor personal representative. Under N.C. Gen. Stat. § 28A-12-1, when a named executor can’t serve, dies, or resigns…

What rights do North Carolina trust beneficiaries have to copies of a revocable living trust and enforcement options if refused?

FAQ 1: What rights does a beneficiary have under North Carolina law to request copies of a revocable living trust? As a beneficiary of your grandmother’s revocable living trust, North Carolina law gives you a clear right to inspect and copy the trust instrument and any amendments. Under N.C. Gen. Stat. § 36C-8-815, a trustee…