What Steps Must I Take to Recover Surplus Funds After a Tax Foreclosure Sale in Ashe County, NC? If Ashe County sold your late mother’s property at a tax foreclosure auction, you may be entitled to surplus funds—the difference between the sale price and the total amount of taxes, interest, fees, and any junior liens.…
Who Pays the Commissioner’s and Attorney Fees in a North Carolina Partition Action? In North Carolina, a partition action lets co-owners force the division or sale of jointly held property when they cannot agree on use or disposition. Under N.C. Gen. Stat. § 46-11, the court first orders a commissioner to appraise or sell the…
How can I file for probate and obtain Letters of Administration in Stokes County when my co-executor lives out of state and won’t participate? Under North Carolina law, you don’t need both co-executors to sign the application for probate. G.S. 28A-6-2 defines “entitled” parties (the named executors), and G.S. 28A-6-21 allows one executor to apply…
What Happens at a Probate Reimbursement Hearing in Buncombe County, NC? A probate reimbursement hearing gives interested parties an opportunity to request payment of carrying costs and other expenses advanced on behalf of the estate. In Buncombe County, the clerk of superior court schedules this session after the personal representative (PR) files a notice of…
How Are Probate Attorney Fees Paid From Sale Proceeds During a North Carolina Probate Hearing? When a North Carolina clerk holds a hearing on petitions to approve attorney fees, the court follows the statutory allowances set out in N.C. Gen. Stat. § 28A-18-2. At that hearing, the personal representative’s counsel will request a reasonable fee…
How does owning North Carolina real estate as tenants by the entirety avoid probate and simplify title transfer? In North Carolina, when a married couple holds real property as tenants by the entirety, each spouse owns the whole property together rather than owning individual shares. On the death of one spouse, the property automatically vests…
What Is a Corporate Resolution for a Loan Extension in Probate Administration? When an estate holds an ownership interest in a corporation or an LLC, major transactions require formal approval recorded in writing. A corporate resolution (or member resolution in an LLC) documents that the estate’s personal representative and any other members agree to extend…
FAQ 1: When Do I Need a North Carolina Probate Attorney and What Are the Jurisdictional Requirements? Before you engage a North Carolina probate attorney, determine whether North Carolina courts have jurisdiction over the estate. Under North Carolina law, you generally need a local probate attorney if the decedent either resided here at death or…
1. Why Must a Guardian Obtain a Court Order Before Selling a Ward’s Real Property in North Carolina? North Carolina law protects vulnerable adults by strictly limiting a guardian’s authority over real estate. Even if the clerk’s order appointing you grants “full powers” over the estate, you still need a separate order before signing any…
1. What steps should I take if someone is misusing or trying to sell an estate vehicle without authority in Wake County, NC? When a decedent owned a vehicle, the car becomes estate property and no one—including family members—has the right to drive, repair, or sell it without court approval. In Wake County, the personal…
