What Steps Transfer Property Title in the State of North Carolina When the Decedent Died Intestate Decades Ago and No Probate Opened?

What Steps Transfer Property Title in the State of North Carolina When the Decedent Died Intestate Decades Ago and No Probate Opened? Detailed Answer When someone dies without a will in North Carolina, the law treats them as having died intestate. Under the North Carolina Intestate Succession Act (G.S. 29-14), their assets pass to heirs…

What differs between a petition to partition and estate administration in North Carolina?

Understanding the Differences Between a Petition to Partition and Estate Administration in North Carolina What Is Estate Administration? Estate administration settles a deceased person’s assets, pays valid debts and distributes property to heirs. North Carolina law outlines this process in Chapter 28A of the General Statutes. A personal representative files a petition for probate, obtains…

How Can Heirs Recover Personal Belongings Left Behind After a Commissioner’s Sale in North Carolina?

How Can Heirs Recover Personal Belongings Left Behind After a Commissioner’s Sale in North Carolina? Detailed Answer When a commissioner’s sale ends with personal belongings left behind, heirs often feel they have no remedy. In North Carolina, however, the law protects the rightful owners of that personal property even though real estate transfers free of…

How Can I Protect My Mental Health Records from Heirs Challenging My Capacity as Personal Representative in North Carolina?

How Can I Protect My Mental Health Records from Heirs Challenging My Capacity as Personal Representative in North Carolina? Detailed Answer When you serve as a personal representative in a North Carolina probate estate, your heirs or other interested parties may question your capacity if they suspect mental health issues. North Carolina law and federal…