FAQ: How can heirs protect their inheritance when a surviving spouse files only a spousal allowance petition in Columbus County, NC? In North Carolina, a surviving spouse may petition the clerk of superior court for a “spousal allowance” of up to $60,000 worth of personal property from the decedent’s estate (N.C.G.S. 28A-18-3). In Columbus County,…
FAQ 1: What initial duties must an administrator fulfill after qualification in a North Carolina probate estate? Once the clerk of superior court qualifies you as administrator, that date triggers critical statutory timelines for gathering and reporting estate assets. Under N.C. Gen. Stat. § 28A-13-3, you have three months from qualification to prepare and file…
What should a personal representative do when a Homeowners Association lien is discovered after closing in Wake County, NC? Discovering an unpaid HOA lien after closing can disrupt final distributions. In Wake County, the personal representative must act promptly to protect the estate and clear title. First, confirm the lien’s validity. Review the homeowner association’s…
FAQ 1: How Can Heirs Force the Sale of Inherited Real Estate When a Co-Owner Refuses to Cooperate? If you inherit vacant land or a home in Curry County, North Carolina, with two siblings or other co-owners and one refuses to sell or buy out your interest, you can file a partition action under North…
FAQ 1: How do I obtain an EIN for a North Carolina estate and open an estate bank account? Once the clerk of court issues your Letters of Administration in Buncombe County (or your local county), you must secure an Employer Identification Number (EIN) for the estate. The EIN serves as the estate’s “social security…
FAQ 1: How do I probate a will to inherit land and other assets in McDowell County, North Carolina? If you’ve inherited real estate and other assets under a valid will, you must open probate with the Clerk of Superior Court in the county where the decedent last lived. In McDowell County that means filing…
FAQ: How Do I Probate a Copy of a Will in North Carolina When the Original Is Unavailable? Probating a copy of a will involves petitioning the clerk of superior court under North Carolina General Statutes § 28A-6-2. This statute allows a court to admit a duplicate or copy of a will when the original…
FAQ 1: What Assets Pass Automatically to the Surviving Spouse and Avoid Probate in North Carolina? In many North Carolina estates—especially in Wayne County—survivors find that the bulk of a decedent’s assets bypass probate when held jointly. Under state law, a married couple may own real estate as “tenancy by the entirety.” When one spouse…
How Do I Confirm an Estate Is Open and Obtain a Copy of the Will in New Hanover County, North Carolina? Before any distributions can occur, you must verify whether an estate has been opened in the clerk’s office. In New Hanover County, the Estate Division handles probate filings. Most counties now use e-filing, so…
What are the duties of an intestate estate administrator in Onslow County, North Carolina, and what can beneficiaries do if assets are withheld or undervalued? When a loved one dies without a will in Onslow County, the clerk of superior court appoints one of the heirs as administrator under N.C. Gen. Stat. § 28A-12-1. An…
