FAQ 1: How does North Carolina’s elective share and spousal allowance work when my spouse’s will gives me a beach condo and a cash distribution? When your spouse dies owning real estate and the will leaves you a specific asset (like a beach condo) plus a cash allowance, you may still qualify for additional statutory…
FAQ 1: How Are Assets Divided When Someone Dies Intestate with a Spouse and One Child in North Carolina? When a North Carolina resident dies without a valid will (“intestate”), state law lays out a strict order for who inherits and how much. If the only heirs are a surviving spouse and one child, General…
How Does Tenancy by the Entirety in North Carolina Avoid Probate and Affect Heirs’ Rights? In North Carolina, married couples can own real estate as tenants by the entirety. Under this form of ownership, each spouse holds an undivided interest in the whole property. When one spouse dies, the surviving spouse automatically owns the entire…
What initial steps and filings are needed to open a probate estate in Vance County, NC? Opening a probate estate in Vance County begins with filing a petition in the Clerk of Superior Court’s office where the decedent lived at death. Under North Carolina law, you must determine whether the decedent left a valid will…
What can I do if an executor refuses to file and disclose a will in Halifax County, NC? When someone dies leaving a will, North Carolina law (N.C. Gen. Stat. 28A-2-1) requires the executor to present the original will to the clerk of superior court within 60 days of death. In Halifax County, if the…
How Can I Prove I Didn’t Abandon My Spouse Under North Carolina Probate Law in Wake County? When a personal representative files a counterclaim alleging abandonment, the surviving spouse must present clear evidence that the marriage remained intact until the decedent’s death. North Carolina law disqualifies a spouse’s “year’s allowance” (sometimes called a spousal allowance)…
How do I recover surplus funds after a tax foreclosure sale in Cabarrus County, NC? When your former property goes to tax foreclosure and sells for more than the unpaid taxes, the county holds the “surplus funds” until an interested party claims them. In Cabarrus County—like other North Carolina counties—surplus claims follow the procedure in…
FAQ: How can a personal representative resign in North Carolina probate and what happens next? Under North Carolina law, a personal representative (also known as an administrator) may resign at any time if serving becomes too burdensome or if health issues prevent travel, as in Wake County or elsewhere. North Carolina General Statute § 28A-6-1(a)…
FAQ 1: What steps do I take to open an intestate estate when my grandmother died without a will and my father predeceased her? Detailed Answer When someone dies without a will in North Carolina, we call that dying “intestate.” North Carolina’s intestate succession statute, N.C. Gen. Stat. § 29-14, directs who inherits (link). In…
FAQ 1: How Do I Open and Administer an Intestate Estate in North Carolina When I’m the Sole Heir and the Decedent Had a Mortgage and Other Debts? When someone dies without a will (“intestate”) in North Carolina, a personal representative (“administrator”) must open probate in the county where the decedent lived. In your case,…
