FAQ 1: When Should I Use a Small Estate Affidavit vs. Full Probate Administration in Mecklenburg County? North Carolina offers a streamlined process called the Small Estate Affidavit for estates whose probate assets total $20,000 or less (excluding liens and certain real property). Under N.C. Gen. Stat. § 28A-20-3 (link to statute), you may collect…
What Is a North Carolina Small Estate Affidavit and How Do I File One in Harnett County? When someone dies without real property and the total personal property value does not exceed $20,000, North Carolina law allows heirs to collect assets through a Small Estate Affidavit (officially “Affidavit for Collection of Personal Property”). Under N.C.…
How can I challenge a draft final accounting and obtain supporting documentation in a North Carolina probate estate? When a personal representative submits a draft final accounting in a Wake County probate file, heirs and beneficiaries have a right under North Carolina law to review the figures, ask questions, and, if necessary, object before the…
How Can Heirs Force Sale of Inherited Real Property When a Co-Owner Refuses to Cooperate? When four siblings inherit a single parcel of real property in Forsyth County (Winston-Salem), and one sibling records a deed without notifying the others, the co-owners who wish to sell can file a partition action under North Carolina law. Partition…
How Can I Remove a Beneficiary from My Existing North Carolina Will? If you drafted a will using an online service and now wish to remove someone, North Carolina law offers two main options: revoke the old will and execute a new one, or prepare a codicil to amend specific provisions. Under N.C. Gen. Stat.…
How Do I Confirm Whether I Am an Interested Person or Beneficiary Under a Will in Cabarrus County, NC? When a loved one’s will has been filed in the cabarrus County Clerk of Superior Court, you may wonder whether you qualify as an “interested person” or beneficiary. North Carolina’s probate statutes define an “interested person”…
FAQ 1: How do I confirm which assets require full probate administration in North Carolina? In North Carolina, not every asset passes through full probate. Before you open an estate in Wake County or any other county, you should gather title searches and account records to see who holds legal title. Under N.C. Gen. Stat.…
FAQ 1: What can I do if my co-administrator is threatening my removal and mismanaging estate assets? In North Carolina, co-administrators share equal authority to manage an estate. If one co-administrator threatens removal or acts in ways you believe breach fiduciary duties, you have clear statutory remedies. Under N.C. Gen. Stat. § 28A-15-2, any interested…
How Do I Probate a Lost Will in Randolph County, North Carolina? North Carolina law provides a clear path to probate a will that the original custodian has lost or cannot produce. Under N.C. Gen. Stat. § 31-7.1, you may present a copy of the will along with testimony or affidavits explaining why the original…
FAQ: Who Is Responsible for Paying Mediation Fees in a North Carolina Probate Dispute? Mediation has become a preferred method for resolving disputes among heirs and co-owners of estate property in North Carolina. Unlike a contested hearing before the clerk of superior court, mediation allows everyone to negotiate on their own terms. But one common…
