FAQ: How Do I Prepare and File the Final Accounting to Close an Estate in Durham County, NC? When you serve as personal representative, North Carolina law requires you to prepare periodic accountings and a final accounting before you can distribute assets and obtain a closing order. In Durham County, your final accounting must reflect…
How do I start probate administration in Cumberland County to protect inherited property when a co-heir claims sole ownership? When someone dies owning real estate in Fayetteville or elsewhere in Cumberland County, North Carolina General Statutes require that the will and deeds be filed with the Clerk of Superior Court before anyone can legally transfer…
How can I petition to become administrator when the executor hasn’t probated the will or managed assets? If you are a next‐of‐kin and the person named as executor has not submitted the decedent’s will (“will”) or opened the estate in Halifax County, you may have the right to step in. Under North Carolina law, if…
FAQ: What initial steps must an executor take to probate a will in Wake County, North Carolina? You qualify as executor once the Clerk of Superior Court admits the decedent’s last will and testament to probate under N.C. Gen. Stat. § 28A-2-1. In Wake County, you begin by filing the original will and certified death…
FAQ #1: What Information Should I Gather Before Contacting a North Carolina Probate Attorney About an Estate? When you reach out to a probate attorney in North Carolina, having the right documents and background information saved you time and legal fees. Attorneys need details about the decedent’s assets, liabilities and family structure to advise you…
How do I file an extension for the probate inventory deadline in Wake County, NC? Under North Carolina law, a personal representative must file a complete inventory and appraisement of estate assets within 90 days of appointment. In Wake County, the Clerk of Superior Court enforces this deadline. If you anticipate you cannot meet the…
How do I probate a handwritten (holographic) will in North Carolina? North Carolina allows a will entirely in the decedent’s handwriting to be admitted to probate, provided you submit the original document along with sworn statements confirming its authenticity. Under N.C.G.S. § 28A-2-3, a holographic will must be wholly written and signed by the testator.…
How can a guardian open an intestate estate in Guilford County to secure fundraising donations for a minor heir? When someone dies without a will in North Carolina, any intestate heir or their guardian may open an estate in the county where the decedent lived. In your case, the decedent resided in Guilford County and…
What Is a Spousal Allowance and How Can Heirs Protect Their Inheritance When a Surviving Spouse Files Only a Spousal Allowance in Columbus County, NC? In North Carolina, a surviving spouse may file for a year’s allowance—often called a spousal allowance—under N.C. Gen. Stat. § 30-15 and § 30-16. This allowance gives the spouse up…
FAQ: How Can I Collect and Distribute Life Insurance Proceeds When No Beneficiary Is Named in North Carolina? Under North Carolina law, when a life insurance policy does not have a valid beneficiary—because the named person predeceased the insured or the designation was revoked by divorce—the insurer generally pays the proceeds to the decedent’s estate.…
