Category Archives: Probate Q&A Series

How do beneficiary designations and testamentary trusts affect North Carolina probate administration?

How do beneficiary designations and testamentary trusts affect North Carolina probate administration? Detailed Answer North Carolina law lets certain assets pass directly to named beneficiaries without probate. These include life insurance policies, retirement accounts (like IRAs and 401(k)s), and bank or investment accounts titled as payable-on-death (POD) or transfer-on-death (TOD). Under N.C. Gen. Stat. §…

How do I open probate and sell estate property in North Carolina under a will?

How do I open probate and sell estate property in North Carolina under a will? 1. Detailed Answer When someone passes away with a valid will in North Carolina, the estate must go through probate before you can sell any real property. Probate starts by filing a petition in the Clerk of Superior Court in…

How do I probate North Carolina property from an out-of-state intestate estate?

How do I probate North Carolina property from an out-of-state intestate estate? Detailed Answer If a person dies without a will in another state but owns real or personal property in North Carolina, you must open an ancillary administration here. Ancillary administration provides North Carolina courts the authority to appoint someone to settle the in-state…

How do I partition inherited property and handle probate of other assets in North Carolina?

How do I partition inherited property and handle probate of other assets in North Carolina? 1. Detailed Answer When a loved one dies owning real estate and other assets, North Carolina law requires you to sort out those interests through probate and, if you wish, a separate partition action for real property. Here’s how these…

Are wrongful death settlements part of a probate estate and how to resolve home co-ownership disputes?

Are wrongful death settlements part of a probate estate and how to resolve home co-ownership disputes? 1. Detailed Answer Wrongful Death Settlements and the Probate Estate Under North Carolina law, a wrongful death settlement arises after the death of the injured person. The decedent did not own or control those funds at the time of…

How do I qualify and establish a testamentary trust with a bank in North Carolina?

How do I qualify and establish a testamentary trust with a bank in North Carolina? Detailed Answer A testamentary trust springs to life when you die. You create it through your will. It holds and manages assets for your chosen beneficiaries. In North Carolina, you must follow rules for both wills and trusts. You need…

How do I handle marital abandonment claims and prepare for mediation in a North Carolina elective share case?

Detailed Answer Under North Carolina law, a surviving spouse may claim an elective share of the decedent’s estate equal to a percentage of the augmented estate. N.C.G.S. § 30-3 sets that percentage, and subsection (c) lists disqualifying conduct. A spouse who deserted or willfully abandoned the decedent loses the right to an elective share under…

How can you avoid probate headaches for out-of-state executors and simplify estate administration in North Carolina?

How to Avoid Probate Headaches for Out-of-State Executors and Simplify Estate Administration in North Carolina Detailed Answer Navigating North Carolina probate can challenge out-of-state executors. An appointed executor who lives beyond state lines must either travel for court appearances or appoint a local representative. That process can add time and expense. You can take several…

How does a financial power of attorney end at death and how can heirs sell jointly inherited North Carolina property?

How Does a Financial Power of Attorney End at Death and How Can Heirs Sell Jointly Inherited North Carolina Property? 1. Detailed Answer In North Carolina, a financial power of attorney (POA) gives an agent legal authority to manage a principal’s finances during the principal’s lifetime. However, this authority ends automatically when the principal dies.…

How do I handle filing and serving probate documents when an executor or heir is unavailable or detained in North Carolina?

How do I handle filing and serving probate documents when an executor or heir is unavailable or detained in North Carolina? Detailed Answer Probate in North Carolina requires proper filing and valid service on every executor, personal representative, heir or devisee. When one of these parties is unavailable or detained, you must follow special procedures…