How Can Heirs Force the Sale of Inherited Property When a Co-Owner Refuses to Sell? When multiple heirs inherit real estate in North Carolina, one holdout can stall a sale. Under N.C.G.S. Chapter 46 (“Partition of Real Property”), any co-owner may file a partition action in county superior court to divide or sell the property.…
What rights does a co-owner have to access, inspect, and monitor jointly owned property in North Carolina? When two or more people inherit real estate as tenants in common, each owner holds an undivided interest in the whole parcel. Under North Carolina law, co-owners have equal rights to possess and use the entire property. You…
FAQ 1: What steps must a personal representative follow to recover surplus funds after a foreclosure sale in North Carolina? When a property in North Carolina sells at a judicial foreclosure and bids exceed the debt, the personal representative can recover the surplus for the estate. First, confirm the upset bid period has closed. Under…
FAQ 1: What Happens to Real Property When Someone Dies Without a Will in Wayne County, North Carolina? When a person dies intestate (without a valid will) in Wayne County, North Carolina, North Carolina’s intestate succession statutes govern how real property passes. Under N.C.G.S. § 29-14, if the decedent leaves only children and no surviving…
FAQ 1: How Can I Probate My Mother’s Handwritten Will When the Original Is Lost in Saluda, North Carolina? When a loved one in Saluda (Polk County) dies leaving only a photograph of a handwritten (“holographic”) will, you can still ask the Polk County Clerk of Superior Court to admit that copy to probate. North…
FAQ 1: What steps must I take to open an intestate estate in Wake County, NC when someone dies without a will? When a loved one dies without a will in Wake County—or anywhere in North Carolina—you must open an intestate estate to transfer title to heirs and protect occupancy rights. North Carolina law (N.C.…
Can a Handwritten (Holographic) Will Override Tenancy by the Entirety and Transfer Half of a North Carolina Marital Home? In North Carolina, real estate owned by spouses as tenants by the entirety passes outside of probate directly to the surviving spouse. See N.C. Gen. Stat. § 41-2. That means if a home in Brunswick County…
What initial steps must I follow to open an intestate estate in Mecklenburg County, North Carolina? When someone dies without a will in Mecklenburg County, you begin by opening an intestate estate under Chapter 28A of the North Carolina General Statutes. First, gather the decedent’s death certificate, a certified copy of the divorce decree (if…
How can I change the personal representative or attorney handling a long-pending probate estate in Henderson County, NC? If an estate has been open in Henderson County, NC, for decades and your current attorney or personal representative (PR) retires or you lose confidence in their service, you can petition the court to appoint a successor.…
How Do I Open an Intestate Estate in Wayne County, NC When Someone Dies Without a Will? When a person dies without a valid will in North Carolina, their estate passes under the laws of intestacy (see N.C. Gen. Stat. § 28A-2-1). In Wayne County, the first step is to petition the Clerk of Superior…
