Category Archives: Probate Q&A Series

Can I Proceed with Necessary Repairs or Improvements on Estate Property Before Court Approval in North Carolina?

Can I Proceed with Necessary Repairs or Improvements on Estate Property Before Court Approval in North Carolina? Detailed Answer When someone passes away, a personal representative (often called an executor) takes over the decedent’s estate. In North Carolina, the personal representative must qualify in probate court before taking significant actions. Qualification means the court issues…

How Do I Locate and Obtain a Copy of My Grandmother’s Will in North Carolina?

How Do I Locate and Obtain a Copy of My Grandmother’s Will in North Carolina? Detailed Answer Under North Carolina law, the original will must be filed with the clerk of superior court in the county where the decedent resided within 30 days after death. See N.C. Gen. Stat. § 28A-10-2. Once the clerk admits…

Why Are Probate Fees Increasing Unexpectedly in My Case?

Why Are Probate Fees Increasing Unexpectedly in My Case? Detailed Answer When you open a probate estate in North Carolina, the court charges fees at several stages. You may notice these fees climbing as the matter proceeds. Understanding the key drivers helps you anticipate costs and avoid surprises. 1. Statutory Court Costs North Carolina law…

How Do I Become the Administrator of a Deceased Relative’s Estate in North Carolina When There Is No Will?

How Do I Become the Administrator of a Deceased Relative’s Estate in North Carolina When There Is No Will? Detailed Answer 1. Understanding Intestate Administration When someone dies without a valid will, North Carolina treats their estate as intestate. State law decides who inherits assets and who can act as administrator. You begin by filing…

How Is an Intestate Estate Distributed in North Carolina?

How Is an Intestate Estate Distributed in North Carolina? Detailed Answer When a person dies without a valid will in North Carolina, the state’s intestacy laws govern how the estate assets pass to heirs. These rules appear in Chapter 29, Article 2 of the North Carolina General Statutes. You can review the full text at…

What Should I Do If I Receive Probate Forms From Another State in North Carolina?

Detailed Answer Receiving probate paperwork from a court in another state can feel overwhelming. However, if you own property or act as an executor in North Carolina, you must follow specific steps to protect assets and meet deadlines. North Carolina law allows courts to recognize out-of-state probate documents through a process called ancillary administration. 1.…

How Does North Carolina Probate Address Discrepancies in Vehicle Gifts?

Detailed Answer In North Carolina probate, resolving discrepancies in vehicle gifts often starts when a decedent’s will or intestate estate plan designates a car, truck, or other titled motor vehicle to a beneficiary. North Carolina law treats vehicles as specific devises under a will or as personal property in intestate estates. When the actual title,…

How Do I Recover Surplus Funds After a Foreclosure in North Carolina?

How Do I Recover Surplus Funds After a Foreclosure in North Carolina? Detailed Answer After a foreclosure sale in North Carolina, the clerk of superior court holds any amount left after the sale price covers the mortgage debt, interest and costs. A former owner, junior lienholder or other claimant can recover these surplus funds by…

What Are the Initial Steps in Handling a Simple Probate Estate in North Carolina?

Initial Steps for Handling a Simple Probate Estate in North Carolina Probate is the legal process of administering a person’s estate after death. Even a simple estate requires certain formal steps under North Carolina law. Missing a deadline or requirement can delay administration or expose you to personal liability. Below is a clear roadmap to…

What Steps Should I Take to Sell Estate Property to Pay Off Debts, and How Do Co-heir Interests and Attorney Representations Impact This Process?

What Steps Should I Take to Sell Estate Property to Pay Off Debts, and How Do Co-heir Interests and Attorney Representations Impact This Process? 1. Detailed Answer When someone dies, their estate may hold real estate, personal property and bank accounts. You must settle debts before distributing assets to heirs. After your appointment as personal…