FAQ 1: How can I confirm whether I need to attend a scheduled probate hearing and verify filings in North Carolina? In North Carolina, hearings on petitions and consent orders in a decedent’s estate take place in the clerk’s office of the county where probate is pending. For example, if your matter sits in Wake…
FAQ 1: How can I locate and probate my father’s missing will in Columbus County, North Carolina? If your father executed a will but the original has disappeared, you can still probate a copy or prove the will’s contents. North Carolina law lets you admit a lost will under strict proof rules. The key steps…
What’s the Difference Between an Executor and an Administrator in North Carolina Probate? In North Carolina, anyone who dies “intestate” (without a valid will) triggers a court-supervised administration led by an administrator. If a decedent left a will that names a personal representative, that person serves as an executor. Both act as “personal representatives,” but…
How do I recover unclaimed surplus funds after a foreclosure sale on an out-of-state property when the decedent’s North Carolina estate closed? When a North Carolina resident owns real property in another state—like Surfside Beach, South Carolina—and that property is foreclosed and sold, any equity above the foreclosure debt becomes “surplus” or “unclaimed funds.” If…
FAQ 1: How do I open my mother’s intestate estate in Forsyth County after she died without a will? If your mother died in 2013 in Forsyth County without a will, you can still open her estate and protect your inheritance. In North Carolina an intestate estate proceeds under N.C. Gen. Stat. § 29-14 et…
FAQ 1: How Can I Establish My Right to Inherit from My Deceased Father’s Estate in Wake County if I’m Not Listed on the Original Intestate Petition? When someone dies without a will in North Carolina, the estate passes under intestate‐succession rules (N.C. Gen. Stat. § 28A-2-1 et seq.). In Wake County, the personal representative…
When Can I Use a Small Estate Affidavit Instead of Opening a Full Probate Estate? In North Carolina, you may avoid full probate administration by using a Small Estate Affidavit under N.C.G.S. § 28A-18-2 if the decedent’s personal property in this state does not exceed $20,000 in value (excluding vehicles and real estate). That affidavit…
What Is an Early Distribution in North Carolina Probate, and How Does It Work? An early distribution is a partial payment of inherited funds to an heir before the estate’s final closing. In North Carolina, the personal representative (formerly “executor”) controls estate assets and may agree to advance a modest amount so beneficiaries avoid expensive…
What options exist for challenging or disputing probate attorney fees in North Carolina? In North Carolina, probate attorney fees must be reasonable, documented, and approved by the clerk of superior court (N.C. Gen. Stat. § 28A-15-1). Fees are based on the time spent, the complexity of the estate, and the customary rates in the community.…
What Is a Year’s Allowance and Deficiency Judgment for Surviving Spouses in North Carolina? Under North Carolina law, a surviving spouse may claim what the statutes call a “year’s allowance.” This claim protects up to $60,000 in personal property—bank accounts, vehicles, furniture, and even household goods—so the spouse can maintain a basic living standard after…
