Which assets pass outside probate to a surviving spouse in North Carolina? 1. Detailed Answer When a spouse dies in North Carolina, certain assets transfer automatically to the surviving spouse without entering the probate estate. These transfers occur by operation of law or by beneficiary or transfer-on-death designations. Understanding which assets bypass probate can help…
How to probate a copy of a will under North Carolina Gen. Stat. § 28A-6-2 when the original is missing Detailed Answer In North Carolina, you can seek to probate a copy of a will when the original is lost or destroyed by following the procedure set out in N.C. Gen. Stat. § 28A-6-2. This…
Understanding the Probate Process in North Carolina When someone passes away owning land or other assets and leaves a will, North Carolina law requires you to probate that will before you can inherit. Probate means proving the will’s validity, settling debts, and transferring property to beneficiaries. Here is a step-by-step overview of how to probate…
What steps can heirs take in North Carolina to protect inheritance when a surviving spouse petitions a spousal allowance? Understanding the Spousal Allowance in North Carolina Probate When a spouse dies, North Carolina law provides for a spousal allowance—a priority payment to help a surviving spouse meet immediate needs. Under N.C. Gen. Stat. § 30-15,…
How to Transfer a Deceased Parent’s Vehicle Title to the Surviving Parent in North Carolina When the Decedent Died Out-of-State 1. Detailed Answer Losing a parent creates emotional and administrative tasks. One task is retitling any vehicle owned by your deceased parent. When the surviving parent lives in North Carolina but the death occurred elsewhere,…
How Can Heirs Structure Payment of Probate Attorney Fees in North Carolina, Including Retainer Deposits, Hourly Billing, and Inheritance-Share Assignments? 1. Detailed Answer When heirs work together to administer an estate in North Carolina, they must decide how to pay probate attorney fees. State law permits three common payment methods: retainer deposits, hourly billing, and…
How do I transfer a vehicle title to a surviving parent in North Carolina when the original will is missing? Detailed Answer Losing an original will complicates the transfer of a decedent’s vehicle, but North Carolina law provides clear paths. You have two main options: use a small estate affidavit or open a full estate…
Can a co-owner force the sale of inherited property under a North Carolina partition action? Detailed Answer When someone dies owning real estate in North Carolina without leaving instructions to keep the property intact, their heirs or beneficiaries inherit as tenants in common. Each co-owner holds an undivided share in the entire property. Conflicts often…
How can my father amend a revocable trust after his spouse’s death under North Carolina law? Detailed Answer When a revocable trust’s co-settlor or spouse passes away, the surviving settlor retains full authority to amend or revoke the trust. In North Carolina, the Uniform Trust Code governs this process. Under N.C. Gen. Stat. § 36C-3-601,…
How to Reimburse Creditor Claims, Distribute Estate Funds and Submit an Affidavit of Collection in North Carolina Detailed Answer When you administer a North Carolina estate, you must follow state rules for paying debts, handling joint accounts and collecting personal property. This process involves three key steps. 1. Reimbursing Creditor Claims After the personal representative…
