FAQ 1: Do I Need Formal Probate or Can I Use After-Death Posting to Clear Title on Chatham County Real Estate? If you plan to purchase inherited property in Chatham County, North Carolina, you may wonder whether you can avoid opening a full probate estate. Under North Carolina law, real property generally passes only through…
Question 1: Do I Have to Respond to a Probate Summons as a Named Respondent? In North Carolina, if you receive a summons as a respondent in a probate proceeding, you are not automatically required to take any action. The summons notifies you that someone has filed a will or an intestate estate in a…
Can a Co-Signer Continue Using a Decedent’s Bank Account and Close It Without Opening an Estate Account? In Whitney County, if you were listed as a co-signer (but not a joint owner) on your grandparents’ bank account, you technically didn’t acquire ownership of the funds. North Carolina law requires that any assets of the decedent…
How can I remove a minor’s co-ownership interest and sell inherited property in North Carolina? When a parent and child each hold a fifty percent interest in real estate, selling the property triggers special requirements if the child is under 18. You have two primary options under North Carolina law: appoint a guardian of the…
FAQ 1: How Do I Open Probate and Obtain Letters Testamentary in Avery County, North Carolina? When you serve as executor of a will in Avery County, you start by filing the original will and a petition for letters testamentary with the Avery County Clerk of Superior Court. Under N.C. Gen. Stat. § 28A-6-1 you…
What are an executor’s key duties and potential liabilities under North Carolina probate law? When someone appoints an executor or personal representative in North Carolina, that individual takes on significant legal duties. In Guilford County and across the state, Chapter 28A of the North Carolina General Statutes spells out those responsibilities. Under N.C. Gen. Stat.…
1. What Is Ancillary Probate in North Carolina and When Do I Need It? Ancillary probate in North Carolina is a secondary probate process for estates opened here by a personal representative appointed in another jurisdiction. Under N.C. Gen. Stat. § 28A-14 (https://ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_28A/GS_28A-14.html), you must file ancillary probate whenever a decedent’s major assets—real estate, bank…
What are my options for selling an inherited co-owned property in Wake County, North Carolina? When you inherit real estate in North Carolina with siblings or other family members, each person holds an undivided interest in the whole property. North Carolina law allows any co-owner to propose a sale, but everyone must agree to avoid…
How do I open probate for an intestate estate in Franklin County, North Carolina with limited assets? When someone dies without a will (intestate) in Franklin County, North Carolina, heirs must open a probate estate unless they qualify for a Small Estate Affidavit under N.C. Gen. Stat. § 28A-21-1. Real property—like a camper affixed to…
