Why Must an Ancillary Probate Proceeding Be Opened in North Carolina for Out‐of‐State Estates? When a decedent’s estate is initially opened in another jurisdiction – such as Philadelphia County – and real property is located in North Carolina, an ancillary probate proceeding becomes necessary. North Carolina law requires a local probate proceeding to confirm the…
What Is the Process for Starting Probate and Reviewing Administrator Filings? In North Carolina, when you decide to hire our firm for probate administration, the very first step is to determine whether any probate filings have been made in the county where the estate is being administered. For example, if you reside in or have…
What Is a Partition Action in North Carolina Probate Cases? A partition action allows co-owners of real estate to fairly divide property when the parties cannot agree on a mutually acceptable division. In North Carolina probate matters, heirs or beneficiaries may inherit property jointly and later disagree on whether to physically divide the property or…
How Do I Close a Probate Estate in North Carolina When the Final Accounting Is Rejected? Closing an estate in North Carolina involves completing a final accounting that meets the court’s requirements. As an administrator in Cumberland County, you might experience delays if the probate office requests additional documentation for even small cash expenses. North…
Does Transferring the Title of Inherited Property Make Me the Executor of the Estate? Transferring the title on inherited property by updating or recording a new deed does not automatically make you the estate’s executor. In North Carolina, the role of executor (or personal representative) comes only after proper appointment by the probate court. Even…
How Can I Remove an Uncooperative Co-Administrator from a Probate Estate in North Carolina? Detailed Answer In North Carolina, when co-administrators disagree or one fails to cooperate—especially in critical tasks like preparing the final account—a petition may be filed with the probate court to remove the uncooperative party from their role. For a case in…
How Can I Initiate Property Division When an Executor Delays Distribution in Craven County? In North Carolina, if an executor, who is also a co-heir, delays distributing estate assets, you can take steps to prompt action. When a will is not present and estates are handled intestate, North Carolina’s inheritance laws (see NC General Statutes)…
Can Probate Attorney Fees Be Paid from Estate Funds in North Carolina? In North Carolina, probate attorney fees can ultimately be paid from the estate’s funds. However, the process is not automatic. When you are handling estate administration, the initial retainer may need to be paid “out-of-pocket” and later reimbursed by the estate. The court…
Can I Be Appointed as the Administrator of an Estate When There Is No Will in North Carolina? Many North Carolina residents ask whether an individual can serve as an estate administrator when the decedent left no will. In such cases, the estate will be distributed under intestate succession laws. The court will appoint an…
How Does Real Property Inheritance Work in North Carolina Probate? In North Carolina, when a parent passes away, title to real property immediately vests in the heirs. This means that even though a probate proceeding may be required to settle the overall estate, real property may not be considered a “probate asset” because it automatically…
