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 Are My Options When the Costs of a Property Partition Action Outweigh the Estate’s Available Equity in North Carolina? Detailed Answer When an estate holds real property and the expenses of partition—including appraisals, court costs, commissioner’s fees and attorney’s fees—exceed the property’s equity, pursuing a partition action under Chapter 46 of the North Carolina…
What Are the Steps to File a Partition Action in North Carolina? Detailed Answer Filing a partition action lets co-owners of real property ask the court to divide or sell land when they cannot agree on its use or disposition. North Carolina law governs partition actions under Chapter 46 of the General Statutes (see N.C.G.S.…
Detailed Answer 1. Life Estates for Surviving Spouses In North Carolina, a decedent can leave real property to a surviving spouse as a life estate. This interest gives the spouse the right to use, possess, and collect income from the property during his or her lifetime. To exercise this right, the surviving spouse must: File…
Detailed Answer In North Carolina, you need a probate attorney when the decedent’s connections to this State trigger either a primary or ancillary estate administration. You must open primary administration if the person died domiciled in North Carolina, regardless of whether they left real or personal property here. If the decedent lived out of State…
How do I establish guardianship for an incapacitated adult in North Carolina and protect their assets from Medicaid estate recovery? Establishing Guardianship for an Incapacitated Adult In North Carolina, you start by filing a petition in the clerk of superior court where the person resides. Under N.C.G.S. § 35A-1211, your petition must describe the adult’s…
How Long After Publishing Notice Must Creditors Submit Claims and What Filings Are Required for North Carolina Estate Inventory and Accounting? Detailed Answer When someone dies in North Carolina, the personal representative (formerly called executor or administrator) must notify creditors by publishing notice in a local newspaper. This step starts the clock on creditor claims…
What Steps Are Required to Open an Intestate Estate in North Carolina? Detailed Answer When someone dies without a valid will in North Carolina, the estate proceeds through intestate administration under state law. North Carolina General Statutes Chapter 28A and Chapter 29 set the requirements for opening and administering an intestate estate. Below are the…
Do I Need a Lawyer Licensed in North Carolina for My Inherited Real Property? Detailed Answer If you inherit real property located in North Carolina, state law requires that anyone representing you in probate or real‐estate matters hold a valid North Carolina law license. North Carolina General Statute § 84-2.1 prohibits unlicensed individuals from practicing…
