When can you use North Carolina’s small estate affidavit instead of full probate if assets are under $20,000? 1. Detailed Answer North Carolina law lets you avoid a full probate proceeding by using a small estate affidavit when certain conditions are met. Under N.C.G.S. § 28A-25-1, an heir or surviving spouse may collect and distribute…
How can a surviving spouse claim their statutory share and sell inherited property in North Carolina without a will? Detailed Answer In North Carolina, when someone dies without a will (intestate), state law determines who inherits the estate. A surviving spouse has a statutory share under the intestate succession statutes in Chapter 29 of the…
Detailed Answer In North Carolina, you do not always need to open a full probate case when a decedent’s estate falls below certain thresholds and life insurance proceeds cover funeral expenses and other debts. Under North Carolina’s small estate provisions, you can use a simplified procedure for estates with personal property valued at $20,000 or…
What information and documents should I gather before calling a North Carolina probate attorney? Detailed Answer When you prepare for a probate consultation, gathering the right information speeds up the process. Probate in North Carolina requires filing a petition with the clerk of superior court under NCGS 28A-12-1 and accounting for assets and debts under…
What steps must I follow to open an intestate estate in North Carolina when there is no valid will? Detailed Answer In North Carolina, when a person dies without a valid will, state law treats the estate as intestate. The clerk of superior court in the county where the decedent lived oversees the process under…
How Can a Personal Representative Resign in North Carolina Probate and What Happens Next? Detailed Answer In North Carolina, a personal representative (often called an executor or administrator) may decide to step away from administering an estate for many reasons: health concerns, conflicts of interest, or simply personal circumstances. State law provides a clear process…
How do I file a creditor claim in a North Carolina probate estate to recover unpaid caregiving costs? Filing a Creditor Claim in a North Carolina Probate Estate When an individual dies in North Carolina and their estate opens for probate, creditors—including those who provided caregiving services—must follow specific rules to submit a claim for…
How can heirs in North Carolina divide or sell inherited real property when they cannot agree? Detailed Answer When multiple heirs inherit real property in North Carolina and cannot reach an agreement on whether to keep, divide, or sell the land, state law provides clear steps for partitioning that property. Under North Carolina law, heirs…
How do I report and value my mother’s house on a State of North Carolina probate inventory? Detailed Answer When you serve as personal representative for your mother’s estate, North Carolina law requires you to list and value all estate property, including her home, on a probate inventory. You must file this inventory with the…
What are the steps to probate a lost will copy under North Carolina’s solemn form procedure? Detailed Answer When a testator’s original will is lost or destroyed, North Carolina law allows you to probate a duly executed copy through the solemn form procedure. Under G.S. 28A-2-10, a court may admit a lost or destroyed will…
