How Tenancy by the Entirety in North Carolina Avoids Probate and Automatically Transfers Property to the Surviving Spouse Detailed Answer In North Carolina, married couples can hold real estate as tenants by the entirety. This form of ownership treats both spouses as a single legal unit. When one spouse dies, the surviving spouse automatically owns…
What steps are required to open an intestate estate in North Carolina and ancillary probate in California? 1. Detailed Answer Handling an estate when someone dies without a will in North Carolina requires you to follow the state’s intestacy rules. When the deceased also owned property in California, you must open an ancillary probate there…
Do I have to pay North Carolina probate attorney fees upfront and can I seek reimbursement from the estate? Understanding Probate Attorney Fees in North Carolina When you start a probate case in North Carolina, you often wonder whether you must cover attorney fees out of your pocket before the estate has any funds. You…
What steps are required to prepare and record a quitclaim deed for inherited property in North Carolina probate? Detailed Answer When someone inherits real estate in North Carolina through probate, transferring title to a beneficiary typically requires a quitclaim deed. A quitclaim deed conveys whatever interest the executor or administrator holds without warranty. Follow these…
Detailed Answer When a decedent’s will names the surviving spouse as executor but the spouse refuses to file it, heirship can delay estate administration. North Carolina law provides a clear path for heirs to step in and open probate so the estate can move forward. First, an heir should file a Petition for Administration with…
What bank statements and records are required for a personal representative’s annual probate accounting in North Carolina? Detailed Answer Under North Carolina law, a personal representative must file an annual account with the clerk of superior court until the estate closes. North Carolina General Statutes section 28A-22-18 requires this accounting at the end of the…
How to Verify and Stop an Agent’s Mismanagement Under a North Carolina Durable Power of Attorney 1. Detailed Answer When you grant someone durable power of attorney in North Carolina, you authorize that person (the agent) to manage your financial affairs if you become unable to do so. North Carolina law imposes on your agent…
How do I file a final and amended final accounting in North Carolina probate? Detailed Answer Filing a final accounting in a North Carolina probate estate lets the court and beneficiaries see all financial activity from start to finish. If you need to correct or update that accounting later, you file an amended final accounting.…
How can I open an intestate estate in North Carolina from another state if there’s no will? When someone dies without a will, North Carolina law treats the estate as intestate. You must open probate in the county where the decedent lived at death. Even if you live outside North Carolina, you can serve as…
What steps and deadlines must be met when filing a caveat to contest a will in North Carolina? 1. Detailed Answer In North Carolina, a caveat lets an interested person pause the will-proving process and ask the clerk of superior court to hear objections before admitting a will to probate. You must act before the…
