How Do I Open an Intestate Estate in Moore County and Protect My Child’s Inheritance When the Surviving Spouse Has Only Filed a Spousal Allowance? When someone dies without a valid will in North Carolina, their estate passes under the statutes of intestacy. In Moore County, the first step is filing a Petition for Letters…
1. Why Must I Open an Estate in Orange County to Access State Retirement or Insurance Benefits? If your mother had no named beneficiary on her state retirement account or insurance policy, North Carolina treats those proceeds as an asset of her estate. When she passed away on January 27th as an Orange County resident,…
FAQ: Can I submit the original will to the Forsyth County Clerk of Court myself and save on travel fees? Yes. Under North Carolina law you must present the original will to the clerk’s office for probate. N.C. Gen. Stat. § 28A-6-1 requires the “original will and codicils” be exhibited to the clerk. However, you…
FAQ: How Do I Open an Intestate Estate and Become Administrator in Wake County, NC? When someone dies without a valid will in North Carolina, the estate is “intestate” and the clerk of superior court appoints an administrator to settle debts and distribute assets under Chapter 28A of the North Carolina General Statutes. In Wake…
How Do Beneficiary-Designated Accounts Like POD or Transfer-on-Death Savings Accounts Affect North Carolina Probate? In North Carolina, assets held with beneficiary designations—such as “Payable on Death” (POD) bank accounts or Transfer-on-Death registrations—bypass probate entirely. When a decedent names a beneficiary on a savings account, the financial institution must release funds directly to that person upon…
FAQ 1: What steps must I follow to file and complete a partition action to sell co-owned real property in North Carolina? A partition action under North Carolina law lets any tenant in common—or their heir, devisee or personal representative—ask a superior court to divide or sell jointly owned land. Under N.C.G.S. § 46-4, you…
What Is the Difference Between Full Probate Administration and Limited Representation in North Carolina, and How Can I Confirm My Attorney’s Scope of Services? When you hire a probate attorney in North Carolina, the retainer agreement should clearly describe whether you’re engaging for full probate administration or for a limited task. Full probate administration generally…
1. Can I Sell Inherited Real Property Without Opening Probate in North Carolina? Many heirs assume that real estate automatically passes outside of probate. The truth is more nuanced. If the decedent held property as tenants by the entirety with a spouse or as joint tenants with right of survivorship, title passes automatically at death…
When can I use a North Carolina Small Estate Affidavit in Wayne County and how do I start the process? North Carolina law provides a simplified procedure to collect certain probate assets through a Small Estate Affidavit (Form E-203B) when the decedent’s net probate estate is under $20,000 and there is no real property to…
Probate FAQ 1. What fees and costs should I expect when hiring a North Carolina probate attorney? In North Carolina, probate attorneys typically require an initial retainer to open your case and cover early work. Based on common practice in Durham County and statewide, you can expect: • An upfront retainer of roughly $1,500–$2,500. This…
