Category Archives: Probate Q&A Series

How do delays in processing spousal allowances and attorney fee petitions affect the resolution of my probate case?

What is a Spousal Allowance in Probate and How Is It Affected by Attorney Commissions? In North Carolina probate cases, a spousal allowance is a monetary benefit granted to the surviving spouse to cover necessary living expenses during the estate administration. In our discussion, the issue arose when the timing of the spousal allowance was…

How can I contest a will and protect my rights when a relative is attempting to sell our family property?

How Can I Challenge a Will and Prevent the Sale of My Inherited Property? In North Carolina, a will generally controls estate distribution once it is properly admitted to probate in the county – for example, in Randolph County. If you believe that the terms of a will do not accurately reflect your family’s intentions…

What are the differences between probate without qualification and ancillary probate for handling out-of-state property, including notice requirements and the need for a resident process agent?

What Is Ancillary Probate in North Carolina and When Is It Needed? Ancillary probate is a legal process used when the decedent owned property located in North Carolina, but resided out of state or when other assets are handled in another jurisdiction. In North Carolina, ancillary probate helps secure the proper administration of real property…

What legal options do I have for dividing inherited property in a contested family estate, especially when a portion includes a family burial site?

What Is a Partition Action and How Can It Help Divide Inherited Property in North Carolina? A partition action may be the best legal avenue if you inherit property that you wish to divide from co-heirs. In North Carolina, a partition action allows an interested party to request a court‐ordered division of property. This legal…

What are the potential consequences if the personal representative fails to file the required estate inventory within the designated timeframe?

What happens if a personal representative fails to file the required estate inventory? In North Carolina, a personal representative must file a complete estate inventory within three months after qualification. Failure to meet this statutory deadline can result in the court holding the representative in contempt. The inventory is essential to account for all assets…

Will a deposit be refunded if my case is transferred to a court-appointed administrator?

Will I Receive a Refund of My Deposit if My Probate Representation Is Transferred to a Court Administrator? When a court appoints a public administrator or turns over a probate case to a court administrator, the original representation agreement may no longer apply. In North Carolina, the handling of retained deposit funds depends largely on…

Why does having no beneficiary on my retirement account require opening a US estate, and what tax implications should I expect?

When Must an Estate Be Opened for a Retirement Account Without a Designated Beneficiary? In North Carolina, if a retirement account—such as a 401(k) set up as a qualified plan—lacks a designated beneficiary, the funds typically pass to the decedent’s estate. This means that probate administration becomes necessary to resolve the distribution of these assets.…

What steps must a surviving spouse take to resolve title issues and sell property when the deed remains solely in the deceased spouse’s name?

How Can I Update the Title on a Property Inherited from a Spouse Who Died Without a Will? Under North Carolina law, when a spouse dies without a will, the surviving spouse automatically inherits an interest in the decedent’s real property. In many cases, even if the property deed is solely in the deceased spouse’s…

Can a family member legally remove estate property before probate is finalized, and what steps can an administrator take to recover those assets?

Can a Family Member Remove Estate Property Without Legal Authority? Detailed Answer In North Carolina probate administration, all assets belonging to an estate remain under court supervision until they are properly inventoried and distributed. A family member does not have the legal right to remove or dispose of property without the authority of the probate…

How do I proceed with amending a probate petition to add an interested party after an order has been issued?

How Do I Amend a Probate Petition to Add Additional Parties? When a probate petition needs to be amended to include an additional party, a clear process must be followed under North Carolina law. In many cases, evidence—such as a marriage license or affidavit—is required to demonstrate that the person should be included as a…