FAQ 1: What bank statements and records does my personal representative need for an annual accounting in North Carolina probate? Under North Carolina law, a personal representative must file an annual account with the clerk of superior court to show all estate receipts and disbursements. N.C. Gen. Stat. § 28A-18-3 requires a statement of cash…
FAQ 1: How Can I Open My Father’s Estate in Rockingham County When the Surviving Spouse Refuses to File the Will? When a decedent’s will exists but the surviving spouse—or another personal representative—refuses to file it, North Carolina law lets interested heirs step in. In Rockingham County, you first confirm whether the estate is open.…
FAQ 1: What Steps Are Required to Prepare and Record a Quitclaim Deed for Inherited Property During Probate in North Carolina? When one co-owner dies with a clause in a buy-out agreement naming you as sole grantee, you need a properly executed quitclaim deed to clear title. Under North Carolina law, the personal representative of…
1. Can a personal representative receive a commission in North Carolina probate and how is it calculated? Under North Carolina law, someone who serves as a personal representative (formerly called executor or administrator) may receive payment for that service in the form of a commission. The commission compensates the representative for time, effort and fiduciary…
How do I open an intestate estate in North Carolina for a nonresident decedent with property in Paris County and California? If someone dies without a will in North Carolina, the estate is “intestate.” When the decedent owned real estate both here (for example, Paris County) and in another state (San Bernardino County, California), you…
How Does Tenancy by the Entirety Affect Property Transfer in North Carolina? When a married couple owns real estate as tenants by the entirety, North Carolina law treats the two spouses as a single legal unit. Under N.C. Gen. Stat. § 41-1, titled “Tenancy by the entirety,” each spouse holds an equal and undivided interest…
How Can a Surviving Spouse Claim an Elective Share in Henderson County, NC When the Decedent Died Intestate? Under North Carolina law, a surviving spouse may elect to claim a statutory share of a decedent’s estate—even if the decedent left no will. This “elective share” is governed by N.C. Gen. Stat. § 30-3 and applies…
How do I probate a lost or missing original will in North Carolina? When the original will cannot be located, North Carolina law presumes the testator revoked it. To overcome that presumption, you use the solemn form procedure under N.C.G.S. § 28A-2-5. First, prepare a petition and attach a copy of the will along with…
1. How Do I Open a Probate Estate and Compel an Uncooperative Co-Executor in Guilford County? When a co-executor lives out of state and refuses to qualify or cooperate, you still can open the estate and ask the court to appoint you or another personal representative. In Guilford County (Greensboro), start by filing a Petition…
What steps must I follow to open an intestate estate in Mecklenburg County when I live out of state and there is no valid will? When someone dies without a will in North Carolina, their estate proceeds under intestacy rules. In Mecklenburg County, even if you live in Michigan (or any other state), you can…
