FAQ 1: How Do I Transfer Inherited Real Property After My Will Has Been Probated in North Carolina? Once the Clerk of Superior Court issues a Certificate of Probate confirming that the will is valid, you clear the probate hurdle for real property. To place title in your name (or another beneficiary’s name), recording a…
What Is Ancillary Probate in North Carolina and When Do I Need It for Out-of-State Property? If a decedent dies owning real property in North Carolina but is domiciled elsewhere, North Carolina law requires “ancillary probate” to transfer title. In your case, your father’s primary estate opened in Maryland, yet he owned undeveloped land in…
What happens in a North Carolina partition action for inherited real property, and how do appraisals affect the outcome? When co-owners of inherited land cannot agree on division, North Carolina law lets any co-tenant file a partition action under N.C. Gen. Stat. § 46-37. In Forsyth County (or any county), the petition asks the clerk…
FAQ 1: How Does a Partition Action Work When Heirs Can’t Agree to Divide Inherited Real Property in North Carolina? When multiple heirs inherit real property as undivided interests, each owner holds a share of the whole tract. In Bladen County or Columbus County, if co‐owners cannot agree on dividing or selling the land, one…
How Do I File a Creditor Claim in a North Carolina Probate Estate to Recover Caregiving Expenses? If you provided unpaid care, medical transportation or household services to someone who died domiciled in North Carolina, you qualify as a creditor of that decedent’s estate. Filing a creditor claim preserves your right to seek reimbursement for…
FAQ 1: How Can a Personal Representative Resign in North Carolina Probate and What Happens Next? Under North Carolina law, a personal representative (sometimes called an administrator) may petition the clerk of superior court to resign their commission when they can no longer serve. N.C. Gen. Stat. § 28A-13-6 governs vacancies in a fiduciary’s office…
FAQ 1: How Do I Open an Intestate Estate in Mecklenburg County When My Parent Died Without a Will? If your parent died without a valid will in Mecklenburg County, North Carolina, you must open an intestate estate to protect assets and settle debts under N.C. Gen. Stat. § 28A-6-2. As the sole heir, you…
1. What Information and Documents Should I Gather Before My Initial Call with a North Carolina Probate Attorney? When you call a probate attorney about the estate of a loved one, providing clear, organized details speeds the intake process. In Wake County (as in other counties), the Clerk of Superior Court relies on certain documents…
FAQ 1: Do I need to open a probate estate for my mother in Cleveland County when her assets were limited and life insurance covered funeral expenses? In North Carolina, whether you must open a full probate estate depends on the size and type of assets your mother owned at her death. Under G.S. 28A-19-1,…
What steps must I follow to probate a missing will when only a copy exists in North Carolina? When a decedent’s original will cannot be located, North Carolina law allows you to probate a copy under the “solemn form” procedure. This process meets statutory requirements in N.C. Gen. Stat. § 28A-10-2, which governs probate of…
