What Happens If a Person with Assets in North Carolina Does Not Reside in the State? Detailed Answer When someone owns property in North Carolina but lives elsewhere, North Carolina law requires an additional probate step. The state divides probate into a primary administration in the decedent’s home jurisdiction and an ancillary administration here for…
What Is the Process for Removing an Executor in North Carolina Probate? Detailed Answer In North Carolina, an executor—legally called a personal representative—manages an estate after a person’s death. If the personal representative fails to meet statutory duties or acts against the estate’s best interests, you can ask the clerk of superior court to remove…
What Happens If a Standstill Order is Violated in an Elective Share Case in North Carolina Detailed Answer When a surviving spouse files for an elective share under N.C.G.S. § 30-3, the court often enters a standstill order. This order freezes certain estate assets. It prevents transfers, sales, or encumbrances until the court resolves the…
What is Probate and When is it Necessary in North Carolina? Detailed Answer Probate is the legal process that settles a person’s estate after death. In North Carolina, probate serves three main purposes: Validate the will (if one exists). Identify and inventory the decedent’s assets. Pay debts, taxes and distribute remaining assets to heirs or…
How Does Billing and Invoicing Work in Probate Cases? Detailed Answer Handling billing and invoicing in a probate matter involves several steps. In North Carolina, attorneys generally use written fee agreements. These agreements outline fees, retainers and invoicing schedules. A clear agreement helps both the personal representative and beneficiaries understand costs from the start. 1.…
How Can I Change My Guardianship Appointment to Handle a Minor’s Inheritance Detailed Answer When a minor inherits assets, you may need to modify your existing guardianship appointment to manage their inheritance under North Carolina law. The General Statutes governing guardianship and the handling of a minor’s estate appear in Chapter 35A of the North…
How does North Carolina law treat illegitimate children in intestate succession? How North Carolina Law Views Adopted Children in Inheritance Families come in many forms. Adoption is a wonderful way to grow a family, but the question often arises: How do inheritance laws treat adopted children? Fortunately, North Carolina law aims to treat adopted…
Can I Renounce an Inheritance or a Gift Made in a Will? Understanding the Probate Process in North Carolina Probate is the legal procedure through which a deceased person’s property is collected, valued, and eventually transferred to the rightful heirs or beneficiaries. North Carolina’s probate system ensures that estates are administered according to the decedent’s…
Detailed Answer When someone passes away in North Carolina, the court appoints a personal representative to manage the estate. You begin by locating the decedent’s original will, if one exists. Then you file a petition for probate in the clerk of superior court’s office where the decedent lived. You attach the will and a death…
What Evidence Can be Used to Prove a Decedent’s Death? Detailed Answer In North Carolina probate, establishing that a person has died is the first critical step. The clerk of superior court will not open an estate without proof of death. Most often, you rely on a certified death certificate. G.S. §130A-95 requires local health…
