Category Archives: Probate Q&A Series

What key considerations must co-owners address when settling an inherited property sale under North Carolina probate law?

Key Considerations for Co-Owners Settling an Inherited Property Sale Under North Carolina Probate Law 1. Detailed Answer When multiple heirs inherit real estate in North Carolina, they hold the property as tenants in common. Settling a sale of that property under probate law requires careful coordination. Co-owners must navigate fiduciary duties, court approvals and statutory…

What should I do if I suspect a personal representative is mismanaging estate assets in North Carolina?

What should I do if I suspect a personal representative is mismanaging estate assets in North Carolina? 1. Detailed Answer When someone dies, the personal representative (often called an executor) steps in to collect assets, pay debts, and distribute the estate to beneficiaries. North Carolina law imposes strict fiduciary duties on that representative. If you…

Is an itemized inventory of a decedent’s personal property required before starting North Carolina probate?

Is an Itemized Inventory of a Decedent’s Personal Property Required Before Starting North Carolina Probate? Detailed Answer In the State of North Carolina, you do not need to prepare and file an itemized inventory of a decedent’s personal property before you petition the court to open probate. The probate process begins when someone—often a spouse,…

What steps should I take if an affidavit in a North Carolina probate case contains inaccurate information?

What steps should I take if an affidavit in a North Carolina probate case contains inaccurate information? Detailed Answer In North Carolina probate, parties sometimes rely on affidavits to speed up administration. Affidavits can cover small-estate distribution, heirship, or other estate matters. When one contains inaccurate information, you face risks of wrongful distribution, delays and…

Do I Need Probate in North Carolina to Transfer Solely Owned Vehicle and Bank Accounts After Someone’s Death?

Detailed Answer When a North Carolina resident dies owning a vehicle or bank accounts solely in their name, banks and the DMV require proof of authority before they’ll release titles or funds. Probate provides that proof. In some cases, you may avoid full probate by using a Small Estate Affidavit, but if the estate exceeds…

What documents are essential for compiling a comprehensive probate inventory in North Carolina?

What documents are essential for compiling a comprehensive probate inventory in North Carolina? 1. Detailed Answer When you open an estate in North Carolina, you must file an inventory of the decedent’s assets with the clerk of superior court. North Carolina law requires this inventory under N.C. Gen. Stat. § 28A-13-3. A thorough probate inventory…

Who pays property taxes in a joint probate estate in North Carolina?

Detailed Answer When someone dies owning real property that enters probate, a personal representative must handle any unpaid property taxes. Under North Carolina law, state and local property taxes are priority claims. The personal representative pays these taxes from estate funds before distributing assets to heirs or beneficiaries. North Carolina treats property taxes as a…

What legal options do I have if a co-owner refuses a buyout for an inherited property?

What legal options do I have if a co-owner refuses a buyout for an inherited property? Detailed Answer When you inherit real estate with one or more co-owners in North Carolina, you hold the property as tenants in common. Each co-owner owns an undivided interest in the whole property. If one owner offers to purchase…

What legal remedies exist when a co-owner refuses to buy out your share in a North Carolina probate partition action?

What legal remedies exist when a co-owner refuses to buy out your share in a North Carolina probate partition action? 1. Detailed Answer When you inherit property as a co-owner in North Carolina, you share rights and responsibilities with the other owners. If one co-owner refuses your offer to buy out your share, state law…

What are the key steps to file a partition action in North Carolina when a co-owner refuses to buy you out?

What are the key steps to file a partition action in North Carolina when a co-owner refuses to buy you out? 1. Detailed Answer When you and a co-owner hold title to real property in North Carolina and one party won’t agree to a buyout, you may ask the court to divide or sell the…