1. How are probate attorney fees paid when real property is sold from an estate in North Carolina? When you sell estate property in North Carolina, attorney fees count as an expense of administration. Under N.C. Gen. Stat. § 28A-15-1(4), a personal representative may pay “expenses of administration,” which include reasonable legal services. Whether you…
FAQ 1: What information and documents should I gather before my initial call with a North Carolina probate attorney? Calling a probate attorney is the first step to settling an estate in Wake County or wherever the decedent resided. Before you leave that message or schedule a consult, gather key details and paperwork to make…
1. What Are the Steps to Open an Intestate Estate in Pasquotank County, North Carolina? If someone dies without a will in Pasquotank County, you must open a full probate administration under N.C. Gen. Stat. § 28A-6-1. Because the decedent owned a home and significant assets, summary provisions do not apply. Here’s how to get…
1. When Can I Use North Carolina’s Small Estate Affidavit Instead of Opening a Full Probate Estate? If your loved one’s estate in Wake County or another North Carolina county consists of limited personal property and no realty, you may avoid the time and cost of a full probate. Under N.C. Gen. Stat. § 28A-25-1,…
FAQ 1: How Do I Verify My Probate Hearing Date and Location in Wake County, North Carolina? If you have filed for probate in Wake County, you must confirm the date, time and courtroom before attending your hearing. Courts often post hearing dates on their online dockets, but clerks set hearing times once necessary filings—like…
How is real property distributed under North Carolina intestate succession when an heir predeceases the decedent or dies without descendants? When a North Carolina resident dies without a will, the law in GUILFORD County (and statewide) follows the rules of intestate succession set out in N.C. Gen. Stat. § 29-14. If the decedent owned real…
Do I Need to Open Probate to Transfer a Deceased Owner’s Property Deed in Wake County, North Carolina? In North Carolina, when someone who held real estate as a tenant in common or joint tenant dies, the surviving owner or heir often wonders whether they must open full estate administration—or if they can simply record…
FAQ 1: How Do I Confirm and Extend Deadlines for Service and Response in a Contested Probate Proceeding in North Carolina? When you face a contested probate action in Wake County or elsewhere in North Carolina, you must track two key deadlines: the date of service of process and the timeframe to file your formal…
FAQ 1: How Do I Obtain and Review My Halifax County Estate File? When someone dies in North Carolina, all pleadings, letters testamentary, inventories, motions and orders go into a public estate file in the Clerk of Superior Court’s office. In Halifax County, you can access that file to see exactly what’s been filed, by…
