FAQ 1: What Information and Documents Should I Gather Before My North Carolina Probate Consultation? If you live in Winston-Salem or anywhere in Forsyth County and you’re preparing for an initial call with a probate attorney, gathering the right information saves time and helps your lawyer give accurate guidance. North Carolina General Statutes Chapter 28A…
FAQ 1: How Do I Sell Inherited Real Property with Co-Owners and Outstanding Liens in North Carolina Probate? If you inherit real estate in North Carolina that’s owned jointly with siblings or other family members and subject to a mortgage or lien, the sale process involves several steps to clear title, obtain court approval, and…
How Do I Open an Intestate Estate in Mecklenburg County, North Carolina? When a person dies without a will (intestate) in Mecklenburg County, you must ask the Clerk of Superior Court in Mecklenburg County to appoint a personal representative through the “letters of administration” process. Under North Carolina law (see N.C. Gen. Stat. § 28A-6-1),…
How Do I Open an Intestate Estate in Wake County When No Will Exists and an In-Law May Have Transferred Assets? When someone dies without a valid will in North Carolina, the estate is “intestate” and the property passes to heirs under G.S. 28A-2-1. You must open a formal estate in the clerk’s office of…
FAQ 1: How Does Owning North Carolina Real Property as “Tenants by the Entirety” Affect Probate? North Carolina law recognizes tenants by the entirety as a form of joint ownership reserved for married couples. When real estate is held in this manner, one spouse’s interest automatically passes to the surviving spouse at death. This process…
How do I open a small estate in Guilford County when the decedent died intestate with limited assets? When someone dies without a will and the total value of personal assets (excluding real estate) does not exceed $20,000, North Carolina law lets you use a simplified “small estate” procedure instead of full administration. In Guilford…
Can my stepfather legally sell my mother’s house and evict me if it’s still in her name? When your mother died on April 16 in Alamance County and the estate hasn’t been opened, title to her home remains in her name. Your stepfather holds no legal authority to convey or sell that property. Until the…
When can I use a North Carolina Small Estate Affidavit in Union County to Close a Decedent’s Bank Account? In North Carolina, you can use a Small Estate Affidavit when the total value of a decedent’s personal assets does not exceed $20,000, including any single bank account. Under G.S. 28A-19-3, if the bank account at…
How Do I Obtain Letters of Administration in Orange County When I Live Out of State? When someone dies without a will in North Carolina, an heir or next‐of‐kin may petition the clerk of superior court in the county where the decedent lived to be appointed personal representative and receive letters of administration. If you…
FAQ 1: How Do I Reopen a Closed Probate Estate in Brunswick County and Retain the Same Personal Representative? Under North Carolina law, you may reopen a closed estate to collect newly discovered assets or correct filings. In Brunswick County (as an example), you file a Petition to Reopen an Estate under N.C. Gen. Stat.…
