How Are Lapsed Gifts Handled Under North Carolina’s Anti-Lapse Statute When a Will’s Sole Beneficiary Predeceases the Testator? 1. Detailed Answer When someone writes a will in North Carolina and names a sole beneficiary, they expect that person to take the gift or property at death. But if that beneficiary dies before the testator (the…
How do I file a petition to probate a lost will in North Carolina under N.C. Gen. Stat. § 28A-6-2? Detailed Answer When a will cannot be located after a testator’s death, North Carolina law provides a clear pathway to probate that lost document. Under N.C. Gen. Stat. § 28A-6-2, the court may admit a…
How can I check if a partition petition has been filed in North Carolina and what should I do next? Detailed Answer When co-owners of real property cannot agree on sale or division, one party may file a partition petition under North Carolina law. To protect your interests, you should first confirm whether a petition…
How Can Heirs Force Sale of Inherited Real Property in North Carolina When a Co-Owner Refuses to Cooperate? Detailed Answer When someone inherits real property in North Carolina alongside other heirs, each heir holds an undivided interest as tenants in common. If one co-owner refuses to agree to a sale or deed transfer, the other…
Understanding Your Rights in North Carolina Probate Accounting When someone you love passes away, the personal representative (sometimes called the executor) oversees collecting assets, paying debts and taxes, and distributing what remains to heirs. Throughout this process, the personal representative must prepare an accounting showing every transaction. North Carolina law gives heirs the right to…
What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000? Detailed Answer When someone passes away in North Carolina with assets valued at $20,000 or less (excluding certain exempt property), family members can use a Small Estate Affidavit to transfer personal property without formal probate. The process is…
When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina? Detailed Answer In North Carolina, you may choose a Small Estate Affidavit when the decedent’s personal property subject to administration totals $20,000 or less and no estate administration petition exists. This streamlined process, governed by N.C. Gen. Stat. §…
How do I file an extension for the probate inventory deadline in North Carolina? Detailed Answer When you serve as a personal representative in North Carolina, the court requires you to file a complete inventory of the estate’s assets within 90 days after your appointment. See N.C. Gen. Stat. § 28A-13-1. If you cannot meet…
What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law? Detailed Answer When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear…
What steps are required to create a valid living will in North Carolina? Detailed Answer A living will in North Carolina is called a Declaration of a Desire for a Natural Death. It lets you state your wishes about life-sustaining treatment if you become terminally ill or permanently unconscious. The key steps follow North Carolina…
