How to Navigate North Carolina Probate and Transfer Your Parents’ Assets 1. Detailed Answer When a parent passes away in North Carolina, their estate often must go through probate. Probate is the court-supervised process for gathering assets, paying debts, and distributing property to heirs or beneficiaries. Here’s how you can navigate probate and transfer assets…
How do I open a North Carolina estate with Medicaid and guardianship issues, and handle the family home? Detailed Answer Opening an estate in North Carolina when Medicaid benefits and a guardianship are involved requires careful planning. You must protect the decedent’s assets, address any Medicaid liens, and honor the rights of a guardian-appointing court.…
Detailed Answer When you move an out-of-state trust vehicle into North Carolina, you must register the foreign trust and then ensure all assets sit properly in that trust. Under North Carolina’s Uniform Trust Code, a trustee of a trust created outside the state may register the trust by sending a certified copy of the trust…
What steps must an estate administrator in North Carolina take after appointment, including inventory and creditor notice? Detailed Answer When the clerk of superior court appoints you as an estate administrator in North Carolina, you start a series of tasks under Chapter 28A of the North Carolina General Statutes. Completing these steps accurately and on…
Detailed Answer If someone who owned real estate outside North Carolina dies, you need to take two parallel tracks: verify your property interest and access probate files. The first track focuses on North Carolina probate. The second track covers title work and any ancillary probate in the other state. 1. Determine the Primary Probate Court…
How can I pay attorney fees through the estate and handle a missing original will in North Carolina probate? Paying Attorney Fees Through the Estate North Carolina law allows you to pay reasonable attorney fees and other administrative expenses from the estate before distributing assets to heirs and beneficiaries. To secure that allowance, follow these…
What is solemn form probate for a will with improper executor language in North Carolina? 1. Detailed Answer When a person dies and leaves a will, the document typically names someone to serve as executor. An executor carries out the will’s instructions under court supervision. But what happens if the will’s executor clause contains errors—like…
How to Close a Small Estate in North Carolina and Distribute Funds 1. Detailed Answer When a loved one dies and their personal property falls below the small-estate threshold, North Carolina law offers a simplified path to collect and distribute assets without full probate administration. Under N.C. Gen. Stat. § 28A-19-1, you may use a…
What steps must a North Carolina estate administrator take to handle bank accounts, property sales and vehicle transfers? Detailed Answer When a court appoints an individual as an estate administrator (also called a personal representative) in North Carolina, that person gains the legal authority—and the duty—to identify, manage, and distribute the deceased’s assets. Three of…
How to Include and Sell Co-Owned Real Property in North Carolina Probate and Handle Personal Property Inventory 1. Detailed Answer When someone dies owning real property with another individual in North Carolina, start by identifying the form of co-ownership. Common types include tenancy in common and joint tenancy with right of survivorship. In tenancy in…
