How can I change the personal representative or attorney handling a long-pending probate estate in North Carolina? 1. Detailed Answer Understanding Your Options Under North Carolina Law When a probate estate drags on, interested persons—such as beneficiaries or creditors—can ask the clerk of superior court to remove a personal representative. They can also seek to…
How to Open an Intestate Estate in North Carolina Detailed Answer When someone dies without a valid will in North Carolina, their estate passes under intestate succession rules found in Chapter 28A of the North Carolina General Statutes. To open an intestate estate, you must file a Petition for Appointment of Personal Representative with the…
Can a holographic will override tenancy by the entirety to transfer half a State of North Carolina marital home? Detailed Answer In North Carolina, spouses who hold real property together typically own it as tenants by the entirety. Under this arrangement, each spouse owns the whole property as a single legal entity with a right…
What steps are required to open an intestate estate in North Carolina when someone dies without a will? When a person dies without a valid will in North Carolina, they die intestate. State law sets the rules for handling their estate. You must follow a series of steps under Chapter 28A of the North Carolina…
What Happens to Real Property When Someone Dies Without a Will in North Carolina? 1. Detailed Answer When a person dies without a valid will in North Carolina, the estate enters intestate succession under Chapter 29 of the North Carolina General Statutes. The court appoints an administrator—often a close family member—who gathers assets, pays debts…
How to Enter Estate Property and Retrieve Your Personal Belongings Under a North Carolina Probate Court Order 1. Detailed Answer When someone dies in North Carolina, their property often remains in a home, storage unit, or other location. If you’re an heir, beneficiary, or someone else entitled to reclaim your own personal items, North Carolina…
Detailed Answer Administering an estate in North Carolina requires personal representatives to satisfy creditor claims and protect real property in a timely and lawful manner. Follow these steps: Obtain Letters of Administration. File a petition in the clerk’s office of the superior court to be appointed as personal representative. Once the clerk issues letters testamentary…
How do I probate a handwritten will and handle a reverse mortgage on inherited property in North Carolina? Detailed Answer When you inherit property under a handwritten (holographic) will in North Carolina, you must first admit that will to probate so the court can appoint someone to manage the estate and pay debts, including any…
What Evidence Should a Spouse Gather to Prove No Abandonment and Protect Spousal Allowance under North Carolina Probate Law? Detailed Answer Under North Carolina law, a surviving spouse may receive a statutory allowance for support during probate. North Carolina General Statutes §30-15.2(d) requires that the spouse not have deserted or abandoned the decedent within one…
How do I compel an executor to file a will in North Carolina if they refuse to disclose it? Detailed Answer Under North Carolina law, any person holding an original will must deliver it to the clerk of superior court in the county where the decedent lived. North Carolina General Statute § 28A-2-2 requires prompt…
