What can I do if a named executor fails to probate a will within 60 days in North Carolina? Detailed Answer Under North Carolina law, an executor named in a will must qualify by filing for probate within 60 days of the decedent’s death. If the executor does not file within that time, beneficiaries and…
Transferring a Deceased Spouse’s Corporation and Opening an Estate Bank Account in North Carolina When a spouse passes away owning shares in a corporation, you must navigate both probate and corporate law to transfer ownership and manage estate funds. This guide walks you through the process under North Carolina law. 1. Petition for Appointment of…
What are typical probate administration costs in North Carolina, and how can I manage attorney fees? Detailed Answer When someone dies in North Carolina, their estate often goes through probate. Probate costs vary based on estate size, complexity and professional services. Below are the most common expenses you may encounter: 1. Court Filing Fees You…
How can a co-owner in North Carolina defend against a partition action under North Carolina law? Detailed Answer When co-owners cannot agree on the use, management, or sale of real estate, North Carolina law allows any co-owner to file a partition action under Chapter 46 of the North Carolina General Statutes. A partition action forces…
How to Request and File a Probate Inventory Deadline Extension in North Carolina Detailed Answer When you qualify as a personal representative in North Carolina, you must file a true and complete inventory of the estate’s assets with the clerk of superior court within three months. This requirement appears in N.C.G.S. § 28A-13-2. If you…
What steps can co-owners take to resolve real estate disputes and avoid a North Carolina partition action? Detailed Answer When two or more people own real property together, disagreements over use, maintenance or sale can arise. North Carolina law allows any co-owner to file a partition action under Chapter 46, Article 16 of the General…
How Can I Contest a Forged Deed and Stop a Wrongful Eviction or Sale of My Inherited Property in North Carolina? Detailed Answer When someone creates a fake deed to claim ownership, you face the risk of eviction or a wrongful sale of property you inherited. North Carolina law offers clear steps to protect your…
What steps must be completed before closing an estate in North Carolina? Detailed Answer Closing an estate in North Carolina involves several key duties. First, the personal representative must locate and secure all of the decedent’s assets. You inventory bank accounts, real property, personal items, retirement plans, and life insurance proceeds. You then file an…
How do I probate a will, notify creditors, and distribute estate assets in North Carolina? Detailed Answer Probating a will, notifying creditors, and distributing estate assets involves clear steps under North Carolina law. You must follow rules in Chapter 28A of the North Carolina General Statutes to ensure a smooth administration. 1. File for Probate…
How can I clear title issues and pursue a partition action when selling inherited co-owned real estate in North Carolina? Detailed Answer When you inherit real estate with one or more co-owners, you become tenants in common. Each heir holds an undivided interest in the entire property. Before you can sell or divide the land,…
