Category Archives: Probate Q&A Series

How can a personal representative secure estate assets before appointment and obtain letters testamentary in North Carolina?

How can a personal representative secure estate assets before appointment and obtain letters testamentary in North Carolina? Detailed Answer When someone passes away in North Carolina with a valid will, the named executor becomes the personal representative only after the clerk of superior court issues letters testamentary. These letters grant legal authority to collect assets,…

How long does it take to open an estate in North Carolina once the petition and consent form are filed?

How long does it take to open an estate in North Carolina once the petition and consent form are filed? Detailed Answer Under North Carolina law, the process of opening an estate begins when you file a properly completed petition for probate of a will or letters of administration, along with any required consent forms…

What steps occur when debts exceed assets during intestate estate administration in North Carolina?

What steps occur when debts exceed assets during intestate estate administration in North Carolina? Understanding Insolvent Estates in North Carolina When someone dies without a will in North Carolina, the court follows rules of intestate succession under Chapter 28A of the North Carolina General Statutes. The personal representative must gather assets, pay debts, and distribute…

When the sole heir is a minor, do I need a guardian ad litem and can the personal representative serve?

Detailed Answer When someone passes away in North Carolina and the only heir is a minor, the court must protect the child’s interest. North Carolina law requires a guardian ad litem to represent any party under a disability, including minors, in probate proceedings. You cannot proceed without this protection. Why a Guardian ad Litem Is…

How do North Carolina co-executors allocate and reimburse funeral, credit card, insurance, and tax expenses before estate distribution?

How do North Carolina co-executors allocate and reimburse funeral, credit card, insurance, and tax expenses before estate distribution? Detailed Answer When a person dies owning assets in North Carolina, the court appoints one or more co-executors to gather assets, pay debts, and distribute what remains. Co-executors must cooperate in every step. They must track and…

What steps can co-heirs take to settle or partition inherited land in North Carolina?

When several family members inherit land, they become co-heirs and hold the property as tenants in common. North Carolina law lets co-heirs either reach a voluntary settlement or ask the court to divide or sell the land. Understanding each option and following the right steps can help co-heirs avoid conflict and protect their interests. 1.…

What court permissions and precautions must a North Carolina personal representative take before relocating estate vehicles encumbered by foreclosure?

What Court Permissions and Precautions Must a North Carolina Personal Representative Take Before Relocating Estate Vehicles Encumbered by Foreclosure? When a decedent’s estate includes vehicles subject to a secured creditor’s interest or pending foreclosure, a personal representative in North Carolina must follow specific steps. These steps protect the estate, secure the creditor’s rights, and comply…

How do I file a special proceeding in North Carolina to sell estate real property and recover carrying costs?

Detailed Answer When a personal representative needs to sell real estate belonging to an estate and recover the costs of carrying that property, North Carolina law requires you to file a special proceeding in the clerk of superior court. The key statutes are G.S. 28A-15-3 (sale of real property) and G.S. 28A-13-3 (allowance of costs…

What steps must a personal representative take to sell decedent’s vehicles and account for the proceeds in North Carolina probate?

What steps must a personal representative take to sell decedent’s vehicles and account for the proceeds in North Carolina probate? Detailed Answer When a personal representative (sometimes called an executor) handles a decedent’s estate in North Carolina, selling vehicles falls under the administration of personal property. You must follow statutory requirements and court rules to…

How do I open an intestate estate in North Carolina when the surviving spouse hasn’t initiated probate?

How do I open an intestate estate in North Carolina when the surviving spouse hasn’t initiated probate? Detailed Answer When someone dies without a valid will in North Carolina, their estate is “intestate.” To distribute assets and settle debts, you must open an intestate estate by appointing a personal representative. North Carolina law sets out…