Opening Probate for an Intestate Estate in North Carolina When someone dies without a valid will in North Carolina, they leave what’s called an intestate estate. The state’s intestacy laws determine who inherits and how assets pass. To administer an intestate estate, you must formally open probate with the Clerk of Superior Court. 1. Identify…
What must a North Carolina guardian include in annual accounting of ward’s income, expenses, and assets? Detailed Answer When a court appoints a guardian of a ward’s estate in North Carolina, the guardian must file an annual accounting to the clerk of superior court. This ensures transparency and protects the ward’s property rights. You must…
How do I renounce my executor role and appoint an administrator if no alternate exists in North Carolina? Detailed Answer When someone names you as executor in their will, you must either accept or renounce that role. Under North Carolina law, you have 30 days from the date you file the first estate document to…
North Carolina Probate Lawyer: A Case Study on Year’s Allowance and Tenancy by the Entirety Detailed Answer When a spouse dies in North Carolina, the surviving spouse may file for a year’s allowance under N.C. Gen. Stat. § 30-15. This statutory allowance provides funds—up to $18,000—for the surviving spouse’s support for one year. You must…
How Tenancy by the Entirety in North Carolina Avoids Probate and Simplifies Title Transfer Detailed Answer Tenancy by the entirety is a unique form of property ownership reserved for married couples in North Carolina. Under N.C. Gen. Stat. § 47-49, it creates a single legal entity made up of both spouses. Each spouse holds an…
Step-by-Step Guide to Confirming Your North Carolina Probate Hearing Details When you file for probate in North Carolina, the clerk’s office schedules a hearing date, time, and courtroom. You need these details to appear on time and in the right place. You can confirm your hearing information in three simple ways: by checking your mailed…
Does North Carolina require probate to access a decedent’s personal property bank account? Detailed Answer When a person dies owning a personal bank account, someone must collect those funds. In North Carolina, whether you file for probate depends on how the account is titled and on the estate’s overall value. 1. Payable-on-Death and Joint Accounts…
Gathering Information and Documents for Your Probate Consultation Detailed Answer Before you contact a probate attorney in North Carolina, collect key data and records. This step helps your attorney assess your case quickly and accurately. You’ll save time and avoid follow-up calls. Personal and Family Information Full names and addresses of the decedent and heirs…
What documents are needed to release a decedent’s funds from a Bank in North Carolina during probate? Detailed Answer When a person dies, their bank accounts form part of the probate estate. A bank will only release those funds to someone who proves they can act for the estate. In North Carolina, that proof comes…
Detailed Answer Under North Carolina law, simply filing for divorce does not eliminate a spouse’s right to inherit if the other spouse dies without a will. The complaint for divorce only starts the legal process. Until the court enters an absolute divorce decree, the parties remain legally married and retain all spousal rights. N.C. Gen.…
