Detailed Answer In North Carolina, the Clerk of Superior Court handles all probate estates. When someone submits a will or applies for letters, the clerk opens a public file. You can verify if an estate is open by checking that file. Visit the Clerk’s office in person or use the online case management portal at…
Detailed Answer When a loved one dies in North Carolina, you must close out two main tax obligations: the decedent’s final personal income tax return and, if the estate’s value exceeds the federal filing threshold, a federal estate tax return. North Carolina does not impose a state‐level estate tax on estates of decedents who died…
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…
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…
How do I petition a North Carolina probate court for possession, control, custody, and sale of estate real property? 1. Detailed Answer When a loved one passes away leaving real property, you often need court approval before you can manage or sell that asset. In North Carolina, the personal representative (formerly called executor or administrator)…
How to Remove a Beneficiary from Your Will in North Carolina Detailed Answer When you want to remove someone named in your will, you must follow the same formalities required to create or change a will in the State of North Carolina. You have two main options: create a codicil or draft a new will.…
How Can Heirs Force Sale of Inherited Real Property When a Co-owner Refuses to Cooperate in North Carolina? Detailed Answer When a decedent leaves real property to multiple heirs in North Carolina, each heir owns an undivided interest in the entire parcel. If one co-owner declines to agree on sale or distribution of the property,…
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…
