How do I file an extension for the probate inventory deadline in North Carolina? Detailed Answer When you serve as a personal representative in North Carolina, the court requires you to file a complete inventory of the estate’s assets within 90 days after your appointment. See N.C. Gen. Stat. § 28A-13-1. If you cannot meet…
What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law? Detailed Answer When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear…
What steps are required to create a valid living will in North Carolina? Detailed Answer A living will in North Carolina is called a Declaration of a Desire for a Natural Death. It lets you state your wishes about life-sustaining treatment if you become terminally ill or permanently unconscious. The key steps follow North Carolina…
How do I petition a North Carolina probate court for possession, control, custody, and sale of estate real property? 1. Detailed Answer When a loved one passes away leaving real property, you often need court approval before you can manage or sell that asset. In North Carolina, the personal representative (formerly called executor or administrator)…
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.…
How to Open an Intestate Estate and Become the Administrator in North Carolina Detailed Answer When someone dies without a valid will in North Carolina, heirs must open an intestate estate and appoint an administrator to manage assets and pay debts. You qualify as administrator if you are at least 18, a U.S. citizen or…
How to Submit an Original Will to the North Carolina Clerk Without Attorney Travel Fees 1. Detailed Answer Under North Carolina law, you can lodge the original will with the clerk of superior court in the county where the decedent lived without requiring your attorney to travel in person. General Statute 28A-2-1 authorizes lodging and…
How to Access State Retirement or Insurance Benefits in North Carolina When No Beneficiary Is Named Detailed Answer When a public employee or retired member of a State retirement system or group insurance plan passes away without naming a beneficiary, North Carolina law establishes the order in which benefits become payable. In most cases, these…
How to Settle Creditor Claims and Distribute Assets in a North Carolina Intestate Estate Understanding Intestate Administration When someone dies without a valid will in North Carolina, the court appoints a personal representative to handle the estate under Chapter 28A of the North Carolina General Statutes. This representative must identify creditors, pay valid debts and…
Who Pays Mediation Fees in a North Carolina Probate Dispute, and Can Those Fees Be Paid From the Estate? Detailed Answer In North Carolina probate litigation, the parties often resolve disagreements through mediation. The clerk of superior or district court may order mediation in contested probate matters. Under North Carolina’s Alternative Dispute Resolution rules, the…
