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…
What are the steps to open an intestate estate in North Carolina? Detailed Steps to Open an Intestate Estate When a person dies without a valid will in North Carolina, the court must appoint a personal representative to gather assets, pay debts, and distribute property under the laws of intestate succession. The process occurs in…
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 contest a will through a caveat in North Carolina? Detailed Answer Under North Carolina law, a caveat lets an interested person formally object to admitting a will to probate. You must file a caveat with the clerk of superior court in the county where the decedent lived immediately after learning of the…
What steps should I take if I suspect a co-owner forged my signature on an inherited North Carolina property deed? Detailed Answer Discovering a forged signature on an inherited deed can feel overwhelming. Under North Carolina law, forgery is a serious crime (see N.C. Gen. Stat. § 14-119), and title issues can cloud your ownership…
Can a Co-Owner Pursue Partition of Real Property When One Owner Is in Chapter 13 Bankruptcy in North Carolina? Detailed Answer In North Carolina, co-owners of real estate generally have the right to divide or sell their shared property through a partition action under G.S. 46-1 and G.S. 46-2. Partition allows tenants in common to…
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? 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.…
Understanding Your Right to Inspect an Estate File in North Carolina In North Carolina, most estate files filed with the clerk of superior court qualify as public records under the North Carolina Public Records Act, N.C. Gen. Stat. § 132-1. That means anyone can request access to these files once probate has begun. The clerk’s…
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…
