How long after publishing notice must creditors submit claims and what filings are required for North Carolina estate inventory and accounting?

Probate Q&A Series

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 when someone dies without a will?

Probate Q&A Series

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…

Can stepchildren inherit under the State of North Carolina intestacy laws without legal adoption or a will?

Probate Q&A Series

Can Stepchildren Inherit Under North Carolina Intestacy Laws Without Legal Adoption or a Will? Detailed Answer Under North Carolina law, intestate succession governs who inherits property when someone dies without a valid will. The statutes in Chapter 29 of the North Carolina General Statutes list close blood relatives and legally adopted children as beneficiaries. Stepchildren…

How does inheriting property with a mortgage affect its probate and sale process in North Carolina?

Probate Q&A Series

Detailed Answer When you inherit real property in North Carolina that still carries a mortgage, the mortgage remains attached to that property through probate and any subsequent sale. Under North Carolina law, the decedent’s secured debts—including mortgages—must be handled before beneficiaries receive a clear title. Here’s how the process typically unfolds: 1. Identification of Assets…

What are the procedures and timelines for reimbursement hearings and attorney fee allocations in North Carolina probate cases?

Probate Q&A Series

Understanding Reimbursement Hearings and Attorney Fee Allocations in North Carolina Probate 1. Detailed Answer When an estate in North Carolina nears distribution, the personal representative often seeks reimbursement for expenses and compensation for legal services. The Clerk of Superior Court oversees these requests. Below is an overview of the key steps, rules, and timelines you…

How can I obtain Letters of Administration in North Carolina if my co-executor lives out-of-state and won’t participate?

Probate Q&A Series

How to Obtain Letters of Administration in North Carolina When a Co-Executor Lives Out-of-State Detailed Answer When someone dies without a will or an executor is unable or unwilling to serve, North Carolina law lets the court appoint a personal representative to manage the estate. This appointment comes in the form of Letters of Administration.…

Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action?

Probate Q&A Series

Who is responsible for commissioner’s fees and attorney fees in a North Carolina partition action? Detailed Answer Commissioner’s Fees When parties cannot agree on dividing real estate, they may sue for a partition action in North Carolina. The court appoints impartial commissioners to survey the land, value the tracts, and recommend how to split or…