How do I protect the home from foreclosure if the surviving spouse won’t pay the mortgage? – North Carolina Short Answer In North Carolina, start by qualifying as the estate’s administrator so you have legal authority to act. Then ask the Clerk of Superior Court for an order giving you possession and control of the…
How can I gather and resolve creditor claims and manage my late parent’s debts and pension in probate? – North Carolina Short Answer In North Carolina, the personal representative gathers assets, publishes and mails a Notice to Creditors, and then pays valid claims in a strict statutory order before distributing what remains. Secured lenders (like…
How can I be appointed administrator of my parent’s estate when there is no will? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court appoints an “administrator” when someone dies without a will. The surviving spouse has first priority to serve, but if the spouse is unwilling, unresponsive, disqualified, or does…
What steps do I need to force a sale or partition of a house co-owned with an unresponsive spouse? – North Carolina Short Answer In North Carolina, you have two main paths. First, open the estate and, as the court-appointed administrator, ask the Clerk of Superior Court to authorize a sale of the home if…
Do I need to open a probate estate or be appointed administrator before transferring property title? – North Carolina Short Answer In North Carolina, real estate generally passes to a decedent’s heirs at death, so you do not always have to open an estate to transfer title. If the death was more than two years…
If other heirs don’t respond to notice about a deed transfer, what happens to my claim? – North Carolina Short Answer In North Carolina, your claim to clear title does not fail just because other heirs ignore proper legal notice. If all heirs are properly served (or unknown heirs are served by publication and a…
What steps do I need to transfer the deed into my name if multiple heirs have an interest? – North Carolina Short Answer In North Carolina, when someone dies without a will, title to their non-survivorship real estate vests immediately in the heirs as tenants in common. To put clear title solely in your name,…
Can I file for bankruptcy to stop the tax foreclosure on my inherited property? – North Carolina Short Answer Often, yes. Filing bankruptcy—most commonly Chapter 13—generally triggers an automatic stay that pauses a North Carolina county tax foreclosure, but it does not erase the property tax lien. To get clear title in your name, you…
What are my options for preserving a family home with delinquent taxes during probate? – North Carolina Short Answer In North Carolina, the executor can protect a home with delinquent taxes by promptly qualifying with the Clerk of Superior Court, seeking authority to take possession of the property, and using estate funds or a court-approved…
How can I transfer real property when the will doesn’t mention it? – North Carolina Short Answer In North Carolina, if a will doesn’t specifically devise a piece of real estate, title still passes at death to the heirs or to the residuary beneficiaries once the will is probated. But transfers within the first two…
