How do joint ownership and rights of survivorship affect the house when we go through probate? – North Carolina Short Answer In North Carolina, a home titled with a right of survivorship passes automatically to the surviving owner and is not a probate asset. The personal representative usually does not control or sell that home…
Can my surviving parent be held responsible for debts that were only in my deceased parent’s name? – North Carolina Short Answer In North Carolina, debts in the deceased person’s name are generally paid from the estate, not by the surviving spouse. A surviving spouse may be personally liable only if they co-signed or guaranteed…
What does it mean to renounce administrator rights and how can one sibling serve alone? – North Carolina Short Answer In North Carolina, renouncing administrator rights means a person with the right to serve (such as a spouse or sibling) signs and files a written waiver so someone else can qualify. When all equal- or…
Do we have to wait for the creditor notice period to end before selling or renting our family home? – North Carolina Short Answer In North Carolina, if the home was truly titled with a right of survivorship, the surviving owner becomes the sole owner at death and may sell or rent without waiting for…
What rights do I have as a child when the surviving spouse lives in the estate home? – North Carolina Short Answer In North Carolina, children typically inherit an interest in a parent’s real estate at death, but a surviving spouse may have powerful rights to stay in the marital residence. The spouse can elect…
What steps should I take if my co-administrator refuses to communicate about estate matters? – North Carolina Short Answer In North Carolina, if a co-administrator won’t cooperate and it impairs estate administration, you can ask the Clerk of Superior Court to intervene. The clerk can order accountings, require or increase bond, compel cooperation, order mediation,…
How can I defend against a motion to remove me as estate administrator? – North Carolina Short Answer In North Carolina, the clerk of superior court can revoke an administrator’s letters only if a statutory ground is proven, such as disqualification, default/misconduct that harms the estate, a disqualifying conflict, or certain summary grounds. Your best…
What steps are needed to open probate and transfer real property to my parent-in-law? – North Carolina Short Answer In North Carolina, title to a decedent’s real property passes at death to the heirs (if no will) or devisees (if there is a will). To transfer a clean, marketable interest to your parent-in-law, you typically…
How long does the probate process take before property can be distributed? – North Carolina Short Answer In North Carolina, you generally should not distribute estate property until the creditor window closes—at least three months after the first Notice to Creditors is published—and after valid claims, taxes, and costs are paid or provided for. Real…
What documents are required to prove my parent-in-law’s right to the decedent’s property? – North Carolina Short Answer In North Carolina, title to a decedent’s non-survivorship real estate vests at death in the heirs (no will) or in the devisees (will). To prove your parent‑in‑law’s right, you typically need evidence of death, proof of whether…
