How do I recover surplus funds after a tax foreclosure sale in Cabarrus County, NC? When your former property goes to tax foreclosure and sells for more than the unpaid taxes, the county holds the “surplus funds” until an interested party claims them. In Cabarrus County—like other North Carolina counties—surplus claims follow the procedure in…
FAQ: How can a personal representative resign in North Carolina probate and what happens next? Under North Carolina law, a personal representative (also known as an administrator) may resign at any time if serving becomes too burdensome or if health issues prevent travel, as in Wake County or elsewhere. North Carolina General Statute § 28A-6-1(a)…
FAQ 1: What steps do I take to open an intestate estate when my grandmother died without a will and my father predeceased her? Detailed Answer When someone dies without a will in North Carolina, we call that dying “intestate.” North Carolina’s intestate succession statute, N.C. Gen. Stat. § 29-14, directs who inherits (link). In…
FAQ 1: How Do I Open and Administer an Intestate Estate in North Carolina When I’m the Sole Heir and the Decedent Had a Mortgage and Other Debts? When someone dies without a will (“intestate”) in North Carolina, a personal representative (“administrator”) must open probate in the county where the decedent lived. In your case,…
Can I Open an Intestate Estate in Nash County When My Parent Died Without a Will? In North Carolina, when someone dies without a will (“intestate”), heirs must open probate by applying for Letters of Administration. Under N.C. Gen. Stat. § 28A-6-1 and § 28A-6-2, the clerk of superior court in the decedent’s county of…
FAQ 1: How Do I Obtain a Copy of the Will and Death Certificate in North Carolina? Answer Under North Carolina law, any will filed for probate becomes a public record in the clerk’s office of the county where the decedent resided. If your father’s will was probated in Wake County—used here as an example—you…
FAQ 1: How do I open an intestate estate in Harnett County, NC, to pursue a wrongful death claim? When someone dies without a will in North Carolina, you must open an intestate estate before you can file a wrongful death suit on the decedent’s behalf. In Harnett County, the process begins by applying for…
FAQ: How Can I Locate a Decedent’s Will and Identify All Assets When the Family Didn’t Notify Me? If you learn of a loved one’s passing—and the family didn’t reach out—you may feel uncertain how to proceed. In North Carolina, you first need to determine whether the decedent left a will and then identify all…
FAQ 1: What information and documents should I gather before contacting a North Carolina probate attorney about an estate? When you call a North Carolina probate attorney—whether you live in Wake County, Mecklenburg County, or another jurisdiction—you speed up the process by having key information and documents at hand. North Carolina General Statute § 28A-2-1…
1. Can a Holographic Will Transfer Half of a Tenancy by the Entirety Home in North Carolina? When a married couple holds real estate as tenancy by the entirety, North Carolina law treats that ownership as an indivisible interest that passes automatically to the surviving spouse at death. A handwritten (holographic) will may direct distribution…
