Why must a personal representative secure signed receipts before distributing estate assets in North Carolina? In North Carolina probate, a personal representative cannot simply write checks and assume beneficiaries agree to the distribution. Before you send funds or transfer property, you must obtain a written receipt from each heir or devisee. Under N.C. Gen. Stat.…
1. What steps does North Carolina law require to exhume and transfer a loved one’s remains to another state? In North Carolina, human remains become personal property of the decedent’s estate upon burial. Under N.C. Gen. Stat. § 28A-1-1(12), personal property includes everything that is not real property, which explicitly covers interred remains. Before you…
What information and documents should I provide during my initial call with a North Carolina probate attorney? When you call to discuss an estate matter—whether it’s opening probate for a loved one in Wake County or elsewhere in North Carolina—being prepared helps your attorney answer your questions and plan next steps. North Carolina General Statutes…
Can a West Virginia–executed will and health care power of attorney be admitted for probate and decisions in North Carolina? When someone moves or dies owning a will and health care power of attorney (HCPOA) drafted in West Virginia, North Carolina law allows admission if the original documents meet our basic execution requirements. Under N.C.…
How Does a Personal Representative Schedule an Appraisal and Handle the Sale of Household Furnishings and Farm Equipment in North Carolina Probate? When you serve as personal representative in a North Carolina probate estate, you must safeguard, appraise, and—when authorized—sell estate assets. Under N.C. Gen. Stat. § 28A-14-1, you must “take into possession and preserve…
Can I use a mortgage loan against inherited real estate to pay creditors and buy out my co-heir in Wake County, NC? When you inherit real property with a co-heir in Wake County, you may face creditor claims before you can transfer full title or close the estate. North Carolina law allows the personal representative…
What steps are required to open an intestate estate in Buncombe County, North Carolina? When someone dies without a valid will in Buncombe County, you must open an intestate estate under North Carolina law (G.S. 28A-6-1). The Clerk of Superior Court for Buncombe County handles all initial filings. First, identify the proper person to serve…
How do I petition for surplus funds after a foreclosure sale in North Carolina? When a foreclosure sale generates funds in excess of the outstanding debt, North Carolina law allows heirs or interested parties to claim that surplus. Under N.C. Gen. Stat. § 45-21.37 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.37.html), you must file a petition with the clerk of court…
FAQ #1: What happens to real property when someone dies without a will in North Carolina? In North Carolina, if a decedent dies intestate (without a will), their real property becomes part of the probate estate administered under Chapter 28A of the North Carolina General Statutes. A family member or other interested person must file…
Can My Co‐Owner Sell Our Property Without My Consent in Yadkin County, NC? When two people co‐own land in North Carolina—including a home place in Yadkin County—each holds an undivided share of the title. North Carolina law treats most co‐ownerships as “tenants in common,” meaning each co‐owner may use the entire parcel but cannot convey…
