When can you use North Carolina’s small estate affidavit instead of opening a full probate estate?

When can you use North Carolina’s small estate affidavit instead of opening a full probate estate? Detailed Answer In North Carolina, you may use a small estate affidavit to collect certain personal property without opening a full probate estate. This streamlined process applies when the value of the decedent’s personal property, excluding household goods and…

How are probate attorney fees paid from proceeds when inherited real property is sold in a North Carolina estate?

How Are Probate Attorney Fees Paid from Proceeds When Inherited Real Property Is Sold in a North Carolina Estate? Detailed Answer When you serve as personal representative of a North Carolina estate and sell inherited real property, you must follow court procedures for collecting sale proceeds and paying estate expenses, including attorney fees. First, you…

How do I reopen a closed North Carolina probate estate to collect newly discovered assets or retirement benefits?

Detailed Answer Reopening a closed estate in North Carolina involves filing a request for supplemental administration under the state’s probate code. If you discover assets or retirement benefits after an estate has closed, you can ask the clerk of superior court to reopen the probate case. The procedure relies on N.C. Gen. Stat. § 28A-22-1,…

How are household furnishings valued, amended, and reported in North Carolina probate?

How Are Household Furnishings Valued, Amended, and Reported in North Carolina Probate? 1. Detailed Answer When someone dies in North Carolina, the personal representative must identify and value all estate assets, including household furnishings. North Carolina law treats household furnishings as personal property. The process involves three main steps: appraisement, amendment (if needed), and reporting.…

How do I confirm service of process and formally extend the response deadline in a contested probate case in North Carolina?

How to Confirm Service of Process and Extend Your Response Deadline in a Contested Probate Case in North Carolina 1. Detailed Answer When someone challenges a will or an estate administration in North Carolina, the clerk issues a citation or notice under N.C. Gen. Stat. § 28A-6-2. You must confirm that every party received proper…