Category Archives: Probate Q&A Series

How can siblings handle an estate dispute when the deceased’s spouse claims rights, affecting the will’s execution in North Carolina?

Understanding Spousal Claims and Siblings’ Rights in North Carolina Probate When a person dies in North Carolina leaving a will, the surviving spouse has specific statutory rights that can affect distributions to other beneficiaries, including siblings. Under N.C.G.S. § 30-3.1, the spouse may elect to take an elective share—a one-quarter interest in the decedent’s net…

How do I handle will disputes and simplify probate with a small estate affidavit in North Carolina?

How to Handle Will Disputes and Simplify Probate with a Small Estate Affidavit in North Carolina 1. Addressing Will Disputes in North Carolina Probate If you believe a will is invalid, North Carolina law lets interested parties challenge it in the clerk of superior court. Common grounds for contesting a will include: Lack of testamentary…

What proof of death does the clerk require and how to avoid an implied renunciation hearing in North Carolina probate?

What proof of death does the clerk require and how to avoid an implied renunciation hearing in North Carolina probate? Detailed Answer When you open a probate estate in North Carolina, the clerk of superior court needs reliable proof that the decedent has died. North Carolina law generally requires a certified death certificate or other…

How do I open probate without a will and handle heirs when pursuing a wrongful death claim?

How do I open probate without a will and handle heirs when pursuing a wrongful death claim? 1. Detailed Answer When someone dies without a will in North Carolina, the court follows intestate succession rules. You start the process by filing a petition for administration in the clerk of superior court’s office. The court then…

How can I obtain bank statements and identify business assets in North Carolina probate?

How to Obtain Bank Statements and Identify Business Assets in North Carolina Probate 1. Detailed Answer When you serve as a personal representative in a North Carolina probate estate, you must locate and value all assets, including bank accounts and business interests. You follow steps set out in Chapter 28A of the North Carolina General…

How do beneficiary designations and testamentary trusts affect North Carolina probate administration?

How do beneficiary designations and testamentary trusts affect North Carolina probate administration? Detailed Answer North Carolina law lets certain assets pass directly to named beneficiaries without probate. These include life insurance policies, retirement accounts (like IRAs and 401(k)s), and bank or investment accounts titled as payable-on-death (POD) or transfer-on-death (TOD). Under N.C. Gen. Stat. §…

How do I open probate and sell estate property in North Carolina under a will?

How do I open probate and sell estate property in North Carolina under a will? 1. Detailed Answer When someone passes away with a valid will in North Carolina, the estate must go through probate before you can sell any real property. Probate starts by filing a petition in the Clerk of Superior Court in…

How do I probate North Carolina property from an out-of-state intestate estate?

How do I probate North Carolina property from an out-of-state intestate estate? Detailed Answer If a person dies without a will in another state but owns real or personal property in North Carolina, you must open an ancillary administration here. Ancillary administration provides North Carolina courts the authority to appoint someone to settle the in-state…

How do I partition inherited property and handle probate of other assets in North Carolina?

How do I partition inherited property and handle probate of other assets in North Carolina? 1. Detailed Answer When a loved one dies owning real estate and other assets, North Carolina law requires you to sort out those interests through probate and, if you wish, a separate partition action for real property. Here’s how these…

Are wrongful death settlements part of a probate estate and how to resolve home co-ownership disputes?

Are wrongful death settlements part of a probate estate and how to resolve home co-ownership disputes? 1. Detailed Answer Wrongful Death Settlements and the Probate Estate Under North Carolina law, a wrongful death settlement arises after the death of the injured person. The decedent did not own or control those funds at the time of…