Why Did My Probate Fee Exceed the Initial Estimate? When a probate process begins, an initial fee estimate is often provided for a “simple” case. However, if additional issues arise or more work is required, fees may increase. In one case, a client was quoted approximately $2,500 for what was explained as an uncomplicated estate…
How Can I Reopen an Estate in North Carolina for a Pending Settlement? Reopening an estate in North Carolina is a process that may become necessary when legal claims or pending settlement matters require that the estate be active. In cases involving high-priority issues—such as a pending toxic water settlement from Camp Lejeune—the court may…
What should I do if I haven’t received my probate retainer agreement by email? When beginning the probate process, receiving your retainer agreement is a vital step. Often, the attorney will send this document via email. However, delays or email filtering issues can occur. In North Carolina, the retainer agreement outlines the scope of representation…
What Should I Do if My Notarized Verification Document Isn’t Received by My Probate Attorney? When your notarized verification document does not reach your probate attorney, it is important to take prompt action. In North Carolina, notarization requirements are governed by state law (NCGS Chapter 15A). Notarized documents can sometimes be delayed or misplaced by…
What Are the Responsibilities of a Personal Representative in North Carolina Probate? In North Carolina, a personal representative (commonly known as the executor) carries key duties that include managing the decedent’s estate, collecting and protecting assets, settling debts, and finally distributing property according to the will or state law. Once the probate court issues an…
Why is a Title Search Essential in Probate Matters? A title search plays a critical role during probate administration. It verifies that the legal title to real property is clear and unchallenged by liens, unpaid taxes, or other encumbrances. In North Carolina, ensuring a clean title protects the interests of heirs and administrators, which is…
How Can I Establish Sole Ownership of an Inherited Property in North Carolina? In North Carolina, establishing sole ownership in an inherited property can be challenging, especially when the property is classified as heir property. When a deceased relative, such as a grandmother, dies intestate – without a will – the property is distributed to…
What Happens to Estate Proceeds from a Property Sale During Probate? In North Carolina, when a property sale is completed during probate, the proceeds are typically deposited with the clerk of court and held in a segregated fund similar to a trust. The court oversees this process to ensure that all fees, expenses, and creditor…
Why Must I Open a Probate Estate After a Parent’s Death in North Carolina? Opening a probate estate is an essential process in North Carolina when a parent dies without a will. A probate proceeding legally appoints an administrator to manage the deceased’s assets and debts. In our discussion, the need to establish proper authority…
Do I Need a Partition Action if My Property is Held as Tenants by the Entirety? In North Carolina, property acquired during marriage and held as tenants by the entirety typically transfers in full to the surviving spouse. This deed form inherently protects the surviving spouse’s interest and often negates the need for a partition…
