Category Archives: Probate Q&A Series

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina?

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina? 1. Detailed Answer When someone passes away owning real estate in North Carolina, the court appoints a personal representative (sometimes called an executor or administrator) to settle the estate. Selling inherited real property requires the representative to…

What steps can a North Carolina heir or beneficiary take to obtain or compel production of will and trust documents?

What steps can a North Carolina heir or beneficiary take to obtain or compel production of will and trust documents? Detailed Answer As an heir or beneficiary in North Carolina, you have clear rights to review and obtain copies of a decedent’s will and any governing trust document. Below is an overview of the legal…

In North Carolina, can a personal representative resign after personally paying estate debts and still retain the house and contents?

Can a Personal Representative Resign After Personally Paying Estate Debts and Still Retain the House and Contents in North Carolina? Detailed Answer When someone acts as a personal representative (PR) in North Carolina, they take on statutory duties and liabilities. The law allows a PR to pay estate debts with personal funds, but that does…

How do I locate and compel production of an original will or probate a lost one in North Carolina?

How do I locate and compel production of an original will or probate a lost one in North Carolina? Locating the Original Will In North Carolina, a valid original will controls how a person’s estate distributes after death. To find the document, you should: Search personal records. Look through home file cabinets, desk drawers and…

What steps must a North Carolina personal representative take to report and account for a missing vehicle in probate?

What steps must a North Carolina personal representative take to report and account for a missing vehicle in probate? Detailed Answer When you serve as a personal representative in North Carolina, you must identify, gather, and account for every estate asset. A missing vehicle still qualifies as estate property. North Carolina law sets clear rules…

What steps and affidavits are required to probate a lost will copy in North Carolina?

What steps and affidavits are required to probate a lost will copy in North Carolina? Detailed Answer Under North Carolina law, you may probate a copy of a will when the original cannot be found. Chapter 28A of the North Carolina General Statutes governs probate. Specifically, N.C.G.S. § 28A-2-5 and § 28A-2-6 allow admission of…

How can I locate a loved one’s will and initiate probate in North Carolina?

How can I locate a loved one’s will and initiate probate in North Carolina? 1. Detailed Answer Locating the Will When someone passes away, finding their last will and testament is the first step toward settling their affairs. In North Carolina, you can explore several places: Personal Documents and Home Files: Look through the decedent’s…

How can co-heirs in North Carolina negotiate a fair buy-out or file a partition action to sell inherited property?

How co-heirs in North Carolina can negotiate a fair buy-out or file a partition action to sell inherited property 1. Detailed answer When several relatives inherit real estate together, they hold it as co-heirs. Each co-heir owns a fractional interest. Disagreements about the future of the property can arise easily. North Carolina law offers two…

What’s the process to remove a co-executor for mismanaged estate assets in North Carolina probate?

What’s the process to remove a co-executor for mismanaged estate assets in North Carolina probate? Detailed Answer When a co-executor mishandles estate assets, beneficiaries and other fiduciaries can petition the clerk of superior court to remove that co-executor. North Carolina law lays out the steps and grounds for removal to protect the estate and its…

What steps are required to open an intestate estate in North Carolina?

What steps are required to open an intestate estate in North Carolina? Detailed Answer When someone dies without a valid will in North Carolina, that person’s property passes through intestate succession. To administer an intestate estate, you must open a formal probate file in the clerk of superior court’s office where the decedent lived. Here…