How do I compel a personal representative in North Carolina to produce a decedent’s original will? Detailed Answer When a decedent’s original will remains out of sight, beneficiaries and other interested parties may worry that the estate administration stalls or that assets go unprotected. North Carolina law requires every personal representative to deliver the decedent’s…
Is there a deadline to open probate in North Carolina after someone’s death? Understanding Deadline Requirements in North Carolina Probate North Carolina does not impose a strict time limit for filing a petition to open probate after someone’s death. Under North Carolina General Statutes §28A-2-1, any qualified individual may petition the clerk of superior court…
How can heirs stop a former power of attorney from misusing estate assets after death in North Carolina? Answer Explained In North Carolina, a power of attorney (POA) ends the moment the principal dies. Under North Carolina General Statute § 32C-3-312, any authority granted to an agent terminates on death. After that point, only a…
How to Use a Permissive Notice Approach for Final Accounting in North Carolina Probate 1. Detailed Answer When you serve as a personal representative in a North Carolina probate estate, you must close the estate by filing and confirming a final account. If the estate is unsupervised, North Carolina law lets you use a permissive…
How to Open an Intestate Estate in North Carolina and Access a Deceased Relative’s Bank and Retirement Accounts 1. Detailed Answer When someone dies without a valid will in North Carolina, the estate passes through intestate succession under N.C.G.S. § 28A-6-1. To handle the estate and gain access to the decedent’s bank and retirement accounts,…
How do I petition for surplus funds after a foreclosure sale of a deceased relative’s property in North Carolina? Detailed Answer When a lender forecloses on real estate, the sheriff sells the property at a public auction. If the sale price exceeds the total debts and costs secured by the property, state law requires the…
What steps can I take if a North Carolina probate commissioner delays filing a report before the distribution hearing? Detailed Answer In North Carolina probate cases, the probate commissioner plays a crucial role in examining estate assets, inventorying personal property and real estate, and making recommendations on distribution. Under North Carolina General Statute § 28A-18-2,…
How to Petition the North Carolina Superior Court Clerk for Reimbursement of Legal Fees from Estate Assets Detailed Answer When you act as personal representative of an estate, you may incur legal fees that the estate can reimburse if you follow the procedure set out in North Carolina law. Under N.C. Gen. Stat. §28A-13-3, you…
What steps can I take to challenge a false incompetency claim and recover my inheritance in North Carolina? 1. Detailed Answer When someone files a claim that a loved one lacks mental capacity, the court may appoint a guardian to handle that person’s affairs. You can take action to challenge a false incompetency claim and…
Do Surviving Spouses in North Carolina Need to Open Probate to Transfer a House Held as Tenants by the Entirety? Detailed Answer In North Carolina, when a married couple holds real estate as tenants by the entirety, ownership automatically passes to the surviving spouse upon the death of the other spouse. You do not need…
