How Do I Open and Administer an Intestate Estate in North Carolina as Sole Heir with Mortgage and Debts? Detailed Answer When someone dies without a will (intestate) in North Carolina, its estate must pass through probate under Chapter 28A of the North Carolina General Statutes. As the sole heir and distributee, you have the…
What steps must I take to open an intestate estate in North Carolina when someone dies without a will? 1. Detailed Answer When someone dies without a valid will in North Carolina, the estate is “intestate.” You must follow the state’s probate process to appoint an administrator, collect assets, pay debts, and distribute property under…
How does a personal representative resign in North Carolina probate and how is a successor selected? 1. Detailed Answer In North Carolina probate, a personal representative (sometimes called an executor or administrator) may step down before completing estate administration. State law sets out the steps for resignation and the process for selecting a new fiduciary.…
Detailed Answer When a property sells for more than the amount owed in back taxes, interest, and costs, North Carolina law designates those excess proceeds as surplus funds. Recovering these funds requires you to follow a defined process under state statutes. Here’s what you need to know: 1. Statutory Framework North Carolina General Statute §…
Can a handwritten (holographic) will override tenancy by the entirety to transfer half of a marital home in the State? Understanding Holographic Wills and Tenancy by the Entirety Under North Carolina law, a holographic will—one written entirely in the testator’s own handwriting without witnesses—does not meet the formal requirements for a valid will. The North…
Detailed Answer When a loved one dies without alerting you or sharing their estate plan, North Carolina law still gives you pathways to discover any existing will and to catalog all assets—both probate and non-probate. As personal representative (also called executor or administrator), you have a duty to locate the will, gather information about the…
How to Open an Intestate Estate in North Carolina to Pursue a Wrongful Death Claim Detailed Answer When someone dies without a valid will in North Carolina, the state’s intestate succession laws govern how their estate passes to heirs. If you also need to bring a wrongful death action on behalf of the decedent, you…
How to Open a Probate Estate and Compel an Uncooperative Co-Executor in North Carolina Detailed Answer When someone dies in North Carolina with assets titled in their name alone, you generally must open a probate estate in the clerk of superior court’s office. That process gives personal representatives (often called executors) the legal authority to…
What steps are required to probate a lost will copy under North Carolina’s solemn form procedure? Detailed Answer Under North Carolina law, you may admit a copy of a lost or destroyed will using the solemn form procedure. This process ensures the will’s validity despite the original document’s absence. You must satisfy specific requirements under…
Detailed Answer Under North Carolina law, a surviving spouse who does not accept the provisions of a will may elect to claim an elective share of the deceased spouse’s estate. The elective share equals one–third of the net estate after debts and expenses. To claim this share and halt any further estate distributions, the spouse…
