How can a surviving spouse claim their statutory share and sell inherited property in Henderson County, NC, without a will?

What options does a surviving spouse have when a spouse dies without a will in Henderson County, NC? When a person dies intestate (without a valid will) in North Carolina, the surviving spouse has statutory rights in the decedent’s estate under Chapter 30 of the North Carolina General Statutes. In an intestate estate, the personal…

When can you use North Carolina’s small estate affidavit instead of full probate if assets are under $20,000?

Do I need to open a full probate estate if a decedent’s assets total under $20,000 and insurance covers final expenses? Under North Carolina law, you may avoid a formal probate case when the estate’s non-exempt assets total $20,000 or less and insurance proceeds or other non-probate transfers cover funeral and administration costs. G.S. 28A-3-2…

How do unrecorded or unsigned deeds impact property administration during North Carolina probate?

How Do Unrecorded or Incomplete Deeds Affect North Carolina Probate Administration? Under North Carolina law, real property does not pass to heirs or a personal representative until a valid, executed deed appears in the county’s land records. If your loved one obtained quitclaim deeds or any conveyance documents that were never recorded, those deeds carry…

What happens in a North Carolina partition action for inherited real property, and how do appraisals affect the outcome?

What happens in a North Carolina partition action for inherited real property, and how do appraisals affect the outcome? When co-owners of inherited land cannot agree on division, North Carolina law lets any co-tenant file a partition action under N.C. Gen. Stat. § 46-37. In Forsyth County (or any county), the petition asks the clerk…