How does a personal representative resign in North Carolina probate and how is a successor selected?

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.…

What is the timeline, cost, and procedure to recover surplus funds after a tax foreclosure sale in North Carolina?

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?

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…

How can I locate a decedent’s will and inventory all probate and non-probate assets in North Carolina when the family didn’t notify me?

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…