What initial steps must I follow to open an intestate estate in Mecklenburg County, North Carolina? When someone dies without a will in Mecklenburg County, you begin by opening an intestate estate under Chapter 28A of the North Carolina General Statutes. First, gather the decedent’s death certificate, a certified copy of the divorce decree (if…
How can I change the personal representative or attorney handling a long-pending probate estate in Henderson County, NC? If an estate has been open in Henderson County, NC, for decades and your current attorney or personal representative (PR) retires or you lose confidence in their service, you can petition the court to appoint a successor.…
How Do I Open an Intestate Estate in Wayne County, NC When Someone Dies Without a Will? When a person dies without a valid will in North Carolina, their estate passes under the laws of intestacy (see N.C. Gen. Stat. § 28A-2-1). In Wayne County, the first step is to petition the Clerk of Superior…
FAQ 1: How Do I Update an Existing Living Trust and Transfer Real Estate into It in North Carolina? If you have a living trust drafted years ago, it’s wise to have an attorney review it periodically. North Carolina law allows you to amend or restate a revocable living trust at any time during your…
Can stepchildren inherit under North Carolina intestacy laws without legal adoption or a will? North Carolina’s intestacy statutes distribute assets only to the decedent’s “children” as defined by blood or formal adoption. A court-approved adoption severs legal ties to the biological parents and establishes inheritance rights equivalent to those of natural children (see N.C. Gen.…
How do I compel co-executors in Nash County, NC, to file a decedent’s will? If appointed co-executors refuse to file a decedent’s will, beneficiaries can petition the Clerk of Superior Court in the county where the decedent lived—in this case, Nash County—to compel production and probate of the document. Under North Carolina law, any person…
How do I probate a handwritten (holographic) will in Durham County, NC? Before you can manage any assets—like a house with a reverse mortgage—you must admit the decedent’s handwritten will to probate. In Durham County (as in every North Carolina county), the clerk of superior court handles probate filings. You should confirm local requirements by…
FAQ 1: How Do I Handle Creditor Claims and Protect Inherited Property in Johnson County, NC? As personal representative in Johnson County, North Carolina, you must follow a statutory schedule to close your father’s estate. Your father left about $11,000 in probate assets but creditors assert roughly $32,000 in debts, including a car lien and…
FAQ: How can I enter estate property and retrieve my personal belongings under a North Carolina probate court order? When a court orders sale of a decedent’s real property, it often grants heirs or occupants limited access to remove personal belongings. In Wake County and across North Carolina, the order typically authorizes the court-appointed commissioner…
When can I use a North Carolina Small Estate Affidavit to collect bank accounts under $20,000? North Carolina General Statute 28A-18-2 lets you avoid full probate when a decedent’s personal property totals less than $20,000. Savings or checking accounts usually qualify. To use a Small Estate Affidavit: 1. Confirm the value of all personal property…
