When and How to File a North Carolina Small Estate Affidavit for Estates Under $20,000 Detailed Answer In North Carolina, if a person dies owning only personal property valued at $20,000 or less and no formal estate administration is open, heirs or other interested parties can use a Small Estate Affidavit to collect assets without…
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? 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…
What steps are involved in opening and closing an intestate estate in North Carolina? 1. Detailed Answer When someone dies without a valid will in North Carolina, their estate is “intestate.” The North Carolina General Statutes govern the probate process for these estates. Your role as the personal representative is to collect assets, pay debts,…
Detailed Answer: Verifying the Scope of Your Probate Attorney’s Retainer When you hire a probate attorney in North Carolina, you usually sign a retainer agreement or engagement letter. This document defines what services the attorney will perform and how you’ll pay for them. To determine whether your retainer covers full probate administration or only limited…
What steps do I need to file and complete a partition action to sell co-owned real property in North Carolina? Detailed Answer When multiple owners hold real estate together and cannot agree on its use or sale, North Carolina law allows one or more co-owners to seek a court‐ordered partition. A partition action forces either…
Procedures for an Heir to Remove a Personal Representative and Assume Control of an Intestate North Carolina Estate Upon Turning 18 Detailed Answer When someone dies without a valid will in North Carolina, the court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate under the intestacy…
What steps should a personal representative take if Medicaid Estate Recovery omits estate real property from its satisfaction of claim? 1. Detailed Answer When the North Carolina Medicaid Estate Recovery Program issues a satisfaction of claim but omits estate real property, the personal representative must act promptly. Federal law (42 U.S.C. §1396p(b)) and North Carolina…
Do I have to pay probate attorney fees upfront in North Carolina and can I get reimbursed from the estate? 1. Detailed Answer When you open a probate estate in North Carolina, you appoint a personal representative to handle the deceased person’s assets. One of the representative’s duties is hiring an attorney to guide the…
How can I locate a will and initiate probate in North Carolina? Detailed Answer When a loved one dies, finding their last will and arranging probate can feel overwhelming. North Carolina law provides a clear process to help you locate a will and open an estate. Below, you’ll find straightforward guidance on where to look…
