FAQ 1: Can co-heirs informally reimburse each other for estate expenses instead of filing a formal petition in Wake County, NC? Answer Under North Carolina law, co-heirs may agree to handle reimbursement of estate expenses informally rather than petitioning the clerk for an “order off the top.” In practice, one heir who has advanced funds…
Do I Need a South Carolina Attorney When the Estate Is Being Probated in South Carolina? If the decedent’s primary estate administration takes place in South Carolina, North Carolina counsel cannot handle the probate administration in that state. Each jurisdiction requires attorneys licensed to practice there. In North Carolina, our firm assists with estates probated…
FAQ: What steps can I take if the executor fails to file my mother’s will and administer the estate in New Hanover County, NC? In North Carolina, a named executor must present the will and qualify within 60 days after the testator’s death. Under N.C. Gen. Stat. § 28A-6-1, that executor holds “exclusive authority” to…
FAQ 1: How Can I Open Probate Remotely in Buncombe County, NC? In Buncombe County you can open a decedent’s estate without traveling to the courthouse by using North Carolina’s e-filing system. As long as Buncombe County is an e-file jurisdiction, you or your attorney may prepare and upload the required paperwork through NC eCourts.…
Probate FAQs – Pierce Law Group 1. What Is a Family Settlement Agreement in North Carolina Probate, and When Should I Use One? A family settlement agreement (FSA) lets heirs agree in writing to distribute an estate without strictly following every term of the will. Under North Carolina law, an FSA is a binding contract…
How Can Heirs Divide Multiple Tracts of Inherited Land in Wake County Without a Public Partition Sale? When a decedent’s estate includes several parcels—like six tracts of land—courts treat each tract separately. Under North Carolina General Statutes Chapter 46 (see GS 46-3), any co-owner can file a partition action in the county where the property…
How do I respond and protect my interests when served with a partition action in Mecklenburg County, NC? When someone files a petition to partition or sell jointly owned real estate, the court must notify all owners. In Mecklenburg County, the clerk’s office files the petition in Superior Court and issues a summons. Under North…
FAQ: Am I personally responsible for paying the decedent’s debts as the personal representative? When you qualify as a personal representative (also called an executor) in a North Carolina probate case, you handle the decedent’s assets and debts. You do not use your personal funds to pay a valid creditor claim. Instead, you satisfy creditor…
1. How can I recover surplus funds after a mortgage foreclosure sale in Wake County, North Carolina? After a lender forecloses on property, any sale proceeds exceeding the debt, costs and liens become “surplus funds.” In Wake County, the clerk of superior court holds those funds. North Carolina law (N.C.G.S. § 45-21.35) directs anyone with…
What Happens When a Creditor’s Claim Is Filed and Denied in a Forsyth County Estate? When someone alleges your loved one owed them money, they must file a written claim with the Clerk of Superior Court in the county where the estate is pending. In Forsyth County, creditors follow the deadline under North Carolina law…
