What Is Intestate Probate Administration in North Carolina and How Does It Work? When a loved one dies without a will, North Carolina law calls this situation “intestacy.” Intestate probate administration is the court-supervised process to distribute the decedent’s property among heirs according to state law. In families like those in Guilford County and Greensboro,…
How Does Joint Ownership Affect Property Transfer When a Spouse Passes Away in North Carolina? In North Carolina, when a property is jointly owned by spouses—as was the case when Tina and Amos purchased the property—the manner in which the title is held significantly affects its transfer on death. Typically, property titled as “joint tenants…
What Happens If the Estate Doesn’t Have Enough Assets to Cover All Debts, Such as Credit Card Claims? In North Carolina, when an estate does not have enough liquid assets to pay all creditor claims, the probate process requires that secured assets – including real property – be used to satisfy outstanding debts. For example,…
How Do I Get My Deceased Parent’s Retirement Benefits Certified When I Live Out of North Carolina? If you have received notification to certify retirement benefits for a deceased parent who served as a police officer in North Carolina, you may need to initiate a probate process. Even if your parent’s estate did not have…
How Can I Be Appointed as the Administrator of an Estate in North Carolina? In North Carolina, a person may be appointed as the estate administrator when there is no will or when an executor is not available. During the appointment process, the court reviews a petition and supporting documents that demonstrate your ability to…
Can a Non-Family Member or Unrelated Person Open Probate in North Carolina? North Carolina law gives priority to certain family members when opening an estate. Although anyone with an interest may file for probate after the required waiting period, statutory priorities favor the surviving spouse and immediate family. Under North Carolina General Statutes Chapter 28…
Why Did the Probate Court Advise Me to Speak with a Lawyer Instead of Answering My Questions? In North Carolina probate courts, court staff are required to follow strict guidelines regarding providing legal advice. When you asked questions regarding filling out forms and interpreting instructions, the court personnel explained they cannot offer guidance that might…
What Are Surplus Funds in a North Carolina Probate Case? Surplus funds arise when a foreclosed property sells for more than the amount owed on the mortgage, fees, and other expenses. In North Carolina, any funds remaining after the foreclosure sale must be claimed by the heirs or the estate. When a loved one passes…
What is a Partition Action in North Carolina and How Do I Navigate Its Complexities? A partition action resolves disputes when co-owners of inherited property cannot agree on how to divide or sell the property. In North Carolina, parties often file for partition to force the sale of estate land when disagreements arise. The process…
Can I Sell Inherited Real Estate Without All Co-Owners’ Consent in North Carolina? In North Carolina, when co-owners inherit real property, achieving the highest sale price usually requires the consent of all interested parties. If all parties agree, the property may be sold without involving the courts. However, if one party disputes the sale or…
