How do you access state retirement or insurance benefits in North Carolina when no beneficiary is named on the account?

How to Access State Retirement or Insurance Benefits in North Carolina When No Beneficiary Is Named Detailed Answer When a public employee or retired member of a State retirement system or group insurance plan passes away without naming a beneficiary, North Carolina law establishes the order in which benefits become payable. In most cases, these…

How do I settle creditor claims and distribute assets in a North Carolina intestate estate?

How to Settle Creditor Claims and Distribute Assets in a North Carolina Intestate Estate Understanding Intestate Administration When someone dies without a valid will in North Carolina, the court appoints a personal representative to handle the estate under Chapter 28A of the North Carolina General Statutes. This representative must identify creditors, pay valid debts and…

Who pays mediation fees in a North Carolina probate dispute, and can those fees be paid from the estate?

Who Pays Mediation Fees in a North Carolina Probate Dispute, and Can Those Fees Be Paid From the Estate? Detailed Answer In North Carolina probate litigation, the parties often resolve disagreements through mediation. The clerk of superior or district court may order mediation in contested probate matters. Under North Carolina’s Alternative Dispute Resolution rules, the…

What steps can I take to remove a mismanaging co-administrator and appoint a successor under North Carolina probate law?

What steps can I take to remove a mismanaging co-administrator and appoint a successor under North Carolina probate law? Detailed Answer Under North Carolina law, a personal representative—whether an executor or administrator—must manage estate assets responsibly and in the best interests of the heirs and creditors. If a co-administrator mismanages the estate through misconduct, neglect…

How Can I Determine Which Assets Require Full Probate Administration Versus Those That Bypass Probate in the State of North Carolina?

How Can I Determine Which Assets Require Full Probate Administration Versus Those That Bypass Probate in the State of North Carolina? 1. Detailed Answer When someone dies in North Carolina, their estate may include assets that must go through full probate administration and assets that pass outside probate. Understanding the distinction helps you plan and…

How does a North Carolina personal representative properly classify and recover estate administration and real property carrying costs in probate?

How does a North Carolina personal representative properly classify and recover estate administration and real property carrying costs in probate? 1. Detailed Answer When someone dies in North Carolina, the personal representative manages the deceased’s assets and pays debts. Two main cost categories arise during probate: Estate Administration Expenses Personal representatives must pay these costs…

Can I sell inherited real property without probate in North Carolina, and what probate or partition steps apply?

Can I sell inherited real property without probate in North Carolina, and what probate or partition steps apply? Detailed Answer When someone inherits real property in North Carolina, title generally must pass through an approved legal process unless the transfer occurred automatically by operation of law. You cannot simply sign over the deed and sell…