1. What information and documents should I gather before my initial call with a North Carolina probate attorney? Before speaking with a probate attorney, gathering key documents speeds the intake process. In North Carolina, probate attorneys base their advice on the decedent’s assets, family situation and whether a valid will exists. You should assemble the…
FAQ 1: Do stepchildren inherit under North Carolina intestacy laws? Under North Carolina’s intestacy statutes, only blood relatives and legally adopted children qualify as heirs when someone dies without a will. Stepchildren are not “descendants” under NC Gen Stat § 29-14 and § 29-15 and therefore do not inherit by default. The law ranks heirs…
FAQ 1: Do I need an attorney licensed in the state where inherited real property is located? When you inherit real property in another state, you must comply with that state’s probate and real estate rules. If the decedent died owning land in South Carolina, for example, South Carolina law governs contracts to sell, closing…
1. How Do I Open an Intestate Estate in Wayne County, NC, When Someone Dies Without a Will? When a North Carolina resident passes away without a valid will, you must open an intestate estate in the county where they lived. In your case, that’s Wayne County. North Carolina’s intestacy statutes (N.C. Gen. Stat. §…
What is the notice to creditors requirement in North Carolina probate? When you qualify as a personal representative or co-administrator in a North Carolina estate, you must alert unknown creditors through a published notice. Under N.C. Gen. Stat. § 28A-15-3, you publish a notice in a newspaper of general circulation where the decedent last lived.…
How Do I Establish a Guardianship for an Incapacitated Adult in North Carolina? If a loved one can’t manage their personal needs or finances, North Carolina law lets you ask a court to appoint a guardian. A guardianship under Chapter 35A of the North Carolina General Statutes gives a responsible person authority to handle an…
Q1: When is a local North Carolina probate attorney required based on the decedent’s residency or property ownership? In North Carolina, you generally need a probate attorney in the state where the decedent was domiciled or owned real property. If someone dies owning real or personal property in North Carolina, you must open a full…
What Is a Life Estate in a Will, and What Rights Does It Give a Surviving Spouse in North Carolina? When a loved one’s will grants you a “lifetime right” or life estate in the marital home, North Carolina law gives you the right to occupy and use the property for the rest of your…
What Are the Steps to File a Partition Action in Pender County, North Carolina? When co-owners of inherited real property cannot agree on a sale or division, you can ask the court to divide or sell the land through a partition action. In Pender County, this process follows North Carolina’s Partition Statutes (Chapter 46) and…
When Can I Sell Inherited Real Property in North Carolina? Under North Carolina law, title to real estate transfers immediately to heirs-at-law when someone dies without a will. See N.C. Gen. Stat. § 29-14. However, you can’t market or convey that property with a clean title until one of two things happens: Two-Year Creditor Window…
