How do I open probate in North Carolina when no administrator has been appointed? Short Answer In North Carolina, you open an intestate estate by applying to serve as the administrator with the Clerk of Superior Court in the county where the decedent was domiciled. An heir (such as a child) may apply. You will…
What steps can I take to halt or recover estate assets my sister handled under guardianship? – North Carolina Short Answer In North Carolina, act quickly to get court authority and records. Petition the Clerk of Superior Court to open the intestate estate and issue Letters of Administration, then move to compel the former guardian…
Can I challenge the POD beneficiary designations my sister set up under her power of attorney? – North Carolina Short Answer Yes, but the challenge usually runs through the estate’s personal representative and focuses on whether your sister, acting as a fiduciary (agent or guardian), had legal authority and followed her duties. In North Carolina,…
How do I petition to bring real property back into the estate to create assets for debt payment? – North Carolina Short Answer In North Carolina, a personal representative asks the Clerk of Superior Court for authority to treat the decedent’s real estate as an estate asset and sell it to pay valid claims. You…
What steps do I need to transfer title and sell my father’s car to satisfy the lender’s claim? – North Carolina Short Answer In North Carolina, a duly appointed personal representative (executor or administrator) may sell a decedent’s car without a court order. If the car has a lien, the lender’s security interest must be…
Can my brother and I sell inherited property individually and use trust directives to pay creditors without commingling funds? – North Carolina Short Answer Usually no. In North Carolina, a personal representative (PR) controls asset sales to pay estate debts. Heirs may sign a deed, but within two years of death any sale is ineffective…
How can I sell the house through probate to pay estate debts without breaching my duties as administrator? – North Carolina Short Answer In North Carolina, you may sell estate real property to pay valid debts if you first determine the sale is in the estate’s best interest and you have legal authority to sell.…
How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts? – North Carolina Short Answer In North Carolina, you can resolve estate distribution disputes with a written family settlement agreement, but the approval path depends on whether it changes the will’s distributions. If it…
What documentation and process are needed to recognize international probate in North Carolina? Short Answer North Carolina can recognize a will or probate order from another country by filing certified copies with the Clerk of Superior Court in the North Carolina county where the decedent owned property. The documents must be properly certified by a…
How can I recover estate expenses like travel, funeral costs, and legal fees in probate? – North Carolina Short Answer In North Carolina, an executor can be reimbursed for reasonable, necessary estate administration expenses that the Clerk of Superior Court approves. Legal fees tied to administering or protecting the estate are allowable if reasonable and…
