What steps do I need to file and complete a partition action to sell co-owned real property in North Carolina? Detailed Answer When multiple owners hold real estate together and cannot agree on its use or sale, North Carolina law allows one or more co-owners to seek a court‐ordered partition. A partition action forces either…
How does a North Carolina personal representative properly classify and recover estate administration and real property carrying costs in probate? 1. Detailed Answer When someone dies in North Carolina, the personal representative manages the deceased’s assets and pays debts. Two main cost categories arise during probate: Estate Administration Expenses Personal representatives must pay these costs…
What steps are involved in opening and closing an intestate estate in North Carolina? 1. Detailed Answer When someone dies without a valid will in North Carolina, their estate is “intestate.” The North Carolina General Statutes govern the probate process for these estates. Your role as the personal representative is to collect assets, pay debts,…
How can I verify if an estate is open in North Carolina? Detailed Answer First, identify the county where the decedent lived at the time of death. Probate cases open in the county of residence. Each county’s Clerk of Superior Court handles estate records. Next, use the North Carolina Judicial Branch’s free online docket search.…
Using Estate Funds to Repair and Sell Real Property After the Creditor Claim Period in North Carolina 1. Detailed Answer Under North Carolina law, personal representatives may use estate funds to preserve real property once the creditor claim period expires. Proper timing and court authorization ensure you protect estate assets and comply with statutory duties.…
Detailed Answer Losing track of a deceased parent’s personal belongings can add stress during an already difficult time. North Carolina probate law provides clear procedures to recover estate assets held by third parties, including family members. First, determine whether someone has been appointed as personal representative (PR) for your parent’s estate. Under N.C. Gen. Stat.…
Under North Carolina law, can an executor unilaterally sell inherited real estate when the will directs the sale? 1. Detailed Answer Yes. In North Carolina, an executor may sell real estate if the will under which they serve expressly directs or authorizes that sale. The executor does not need to petition the clerk of court…
How can a North Carolina personal representative petition for surplus funds after a foreclosure sale during probate? 1. Detailed Answer When a mortgage lender forecloses on real property that belongs to an estate, the foreclosure sale may produce funds exceeding the debt, interest, and costs. North Carolina law treats these extra proceeds as surplus funds.…
How can a State of North Carolina surviving spouse claim an elective share and how does a standstill order pause estate distributions? 1. Detailed Answer Claiming an Elective Share Under North Carolina law, a surviving spouse may elect to take a fixed share of the deceased spouse’s estate instead of whatever the will provides. This…
Procedures for an Heir to Remove a Personal Representative and Assume Control of an Intestate North Carolina Estate Upon Turning 18 Detailed Answer When someone dies without a valid will in North Carolina, the court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate under the intestacy…
