How do I probate a handwritten (holographic) will in Durham County, NC? Before you can manage any assets—like a house with a reverse mortgage—you must admit the decedent’s handwritten will to probate. In Durham County (as in every North Carolina county), the clerk of superior court handles probate filings. You should confirm local requirements by…
FAQ 1: How Do I Handle Creditor Claims and Protect Inherited Property in Johnson County, NC? As personal representative in Johnson County, North Carolina, you must follow a statutory schedule to close your father’s estate. Your father left about $11,000 in probate assets but creditors assert roughly $32,000 in debts, including a car lien and…
FAQ: How can I enter estate property and retrieve my personal belongings under a North Carolina probate court order? When a court orders sale of a decedent’s real property, it often grants heirs or occupants limited access to remove personal belongings. In Wake County and across North Carolina, the order typically authorizes the court-appointed commissioner…
When can I use a North Carolina Small Estate Affidavit to collect bank accounts under $20,000? North Carolina General Statute 28A-18-2 lets you avoid full probate when a decedent’s personal property totals less than $20,000. Savings or checking accounts usually qualify. To use a Small Estate Affidavit: 1. Confirm the value of all personal property…
FAQ 1: How does North Carolina’s elective share and spousal allowance work when my spouse’s will gives me a beach condo and a cash distribution? When your spouse dies owning real estate and the will leaves you a specific asset (like a beach condo) plus a cash allowance, you may still qualify for additional statutory…
FAQ 1: How Are Assets Divided When Someone Dies Intestate with a Spouse and One Child in North Carolina? When a North Carolina resident dies without a valid will (“intestate”), state law lays out a strict order for who inherits and how much. If the only heirs are a surviving spouse and one child, General…
How Does Tenancy by the Entirety in North Carolina Avoid Probate and Affect Heirs’ Rights? In North Carolina, married couples can own real estate as tenants by the entirety. Under this form of ownership, each spouse holds an undivided interest in the whole property. When one spouse dies, the surviving spouse automatically owns the entire…
What initial steps and filings are needed to open a probate estate in Vance County, NC? Opening a probate estate in Vance County begins with filing a petition in the Clerk of Superior Court’s office where the decedent lived at death. Under North Carolina law, you must determine whether the decedent left a valid will…
What can I do if an executor refuses to file and disclose a will in Halifax County, NC? When someone dies leaving a will, North Carolina law (N.C. Gen. Stat. 28A-2-1) requires the executor to present the original will to the clerk of superior court within 60 days of death. In Halifax County, if the…
How Can I Prove I Didn’t Abandon My Spouse Under North Carolina Probate Law in Wake County? When a personal representative files a counterclaim alleging abandonment, the surviving spouse must present clear evidence that the marriage remained intact until the decedent’s death. North Carolina law disqualifies a spouse’s “year’s allowance” (sometimes called a spousal allowance)…
