How do I challenge or dismiss a petition for possession and control of estate property in probate? — North Carolina Short Answer In North Carolina, you challenge a petition by filing a timely written response and appearing at the clerk’s hearing to contest the petitioner’s proof. For real estate, the personal representative (PR) must show…
Should we open probate in Virginia or North Carolina if my parent died in Virginia but was living in North Carolina? — North Carolina Short Answer If your parent was domiciled (had their permanent home) in North Carolina at death, open the primary probate in North Carolina, even if the death occurred in Virginia. If…
How can I challenge the final accounting my sibling filed in my parent’s estate when no one gave me notice in North Carolina? Short Answer In North Carolina, notice of a proposed final account is optional. If you did not receive formal service of a proposed final account, you have not waived objections. You can…
What is the process for contesting the estate accounting more than a year after it’s been approved in North Carolina? — North Carolina Short Answer After a final account is approved, you generally cannot appeal it if more than 10 days have passed. More than a year later, your options are to ask the clerk…
How can I probate a copy of a will without it being presumed revoked? — North Carolina Short Answer In North Carolina, you can probate a copy of a lost or destroyed will by asking the clerk of superior court to admit the copy under the “lost will” process. You must prove, with clear, strong,…
What steps do I need to clear creditor claims before selling my parent’s estate home? — North Carolina Short Answer In North Carolina, the personal representative (PR) must publish and mail a Notice to Creditors, wait out the claims period, review and prioritize any claims, and only then use estate assets—if needed, through a court-authorized…
Can I get reimbursed for the mortgage payments I’ve made to preserve the estate property? — North Carolina Short Answer Sometimes. In North Carolina, real estate usually passes to the heirs at death, and they—not the estate—are generally responsible for post‑death costs like the mortgage, taxes, and insurance. Reimbursement from the estate is possible when…
What happens to the leftover sale proceeds in North Carolina if someone dies without a will? — North Carolina Short Answer In North Carolina, after a court-authorized sale of a deceased person’s real estate, the net proceeds first pay any liens on the property and then valid estate expenses and debts in statutory order. Any…
What steps do I need to retitle the car in my parent’s estate? — North Carolina Short Answer In North Carolina, the path to retitle a deceased parent’s car depends on how the vehicle was owned and whether a probate estate is opened. Common routes include survivorship (if the title says joint tenants with right…
What can I do if the proposed administrator is withholding asset information and estate documents from me? — North Carolina Short Answer In North Carolina, estate law requires a personal representative to file an itemized inventory within three months of qualifying and to file accountings as the estate continues. If information is withheld, you can…
