Understanding Continuances in North Carolina Probate Hearings In North Carolina probate, you schedule hearings under N.C.G.S. § 28A-15-1. A continuance delays a scheduled hearing to a later date. To request one, file a written motion for continuance with the clerk or judge assigned to your case. State your reasons clearly, propose a new hearing date,…
Detailed Answer If you inherit real property or co-own land in North Carolina, you can use a partition action to divide or sell that property without going through the traditional probate sale process—and avoid paying estate sale legal fees and commissions tied to an executor or administrator. A partition action proceeds under the North Carolina…
How do I verify property ownership and resolve deed issues before probate in North Carolina? Detailed Answer Before you open a probate estate in North Carolina, confirming title to real property and fixing deed defects will save time and avoid delays. Taking these steps early helps ensure the property passes smoothly to heirs or beneficiaries…
How can I serve uncooperative beneficiaries and understand spousal/dependent allowances in North Carolina probate? Detailed Answer As personal representative in a North Carolina probate estate, you must notify every beneficiary of key filings and hearings. North Carolina law under G.S. 28A-7-2 requires you to serve notice of probate actions on all interested persons by one…
What is a Partition Action and Why is a Title Search Essential in North Carolina? Understanding Partition Actions in North Carolina When two or more individuals own real estate together as tenants in common or joint tenants and cannot agree on use or disposition, a partition action provides a legal solution. Under North Carolina General…
What Is the Public Administrator’s Role and How Can Heirs Access Estate Information Under North Carolina Probate Law? Detailed Answer When someone dies without a will or without a family member willing or able to serve, North Carolina law allows the court to appoint a public administrator to handle the estate. The public administrator steps…
How do co-owners divide property, secure payment, and continue court hearings in North Carolina? Detailed Answer When two or more people own real estate together in North Carolina, each owner holds an undivided interest. If co-owners cannot agree on how to use or sell that property, state law gives any co-owner the right to force…
Detailed Answer When a will names a minor as a beneficiary, it often includes special instructions for how that minor’s inheritance must be managed until the child reaches a certain age. These provisions can use either a custodianship under the Uniform Transfers to Minors Act (UTMA) or a court-appointed guardianship of the minor’s estate. Understanding…
Detailed Answer When a person dies owning real property in North Carolina, that property passes to heirs under a valid will or under intestacy rules found at N.C. Gen. Stat. § 29-14. Siblings often inherit equal shares when no will exists. If some of those siblings die before or after inheriting, their shares pass to…
How is Just Compensation Calculated for a Utility Easement on Estate Property in North Carolina? Detailed Answer When a utility company needs an easement over estate property in North Carolina, it typically acquires that right through condemnation under the state’s eminent domain laws. Just compensation aims to pay the property owner the fair market value…
