How Can an Out-of-State Executor Appoint a North Carolina Resident Process Agent and Open Probate in Wake County? When someone dies owning property in North Carolina, the clerk of superior court requires that the personal representative (formerly “executor”) either reside in state or appoint a North Carolina resident process agent to accept service of process…
How Do I Locate and Probate a Lost or Unfiled Will in Person County, North Carolina? Under North Carolina law, anyone who believes a decedent executed a valid will must first contact the clerk of superior court in the county where the decedent lived or where real estate lies. In your case, this means calling…
How do I use a Small Estate Affidavit to transfer a camper from an intestate estate in Franklin County, North Carolina? When someone dies without a will in North Carolina, personal property valued under $20,000 may pass to heirs by affidavit rather than through full probate. Under N.C. Gen. Stat. § 28A-15-3, a “Small Estate…
How Can I Protect Life Insurance Proceeds for My Minor Child and Prevent Misuse by a Spouse? When you have multiple life insurance policies—through private carriers, the VA and your employer—and you name your spouse as primary beneficiary, those proceeds pass outside probate. In Durham County (and everywhere in North Carolina), you must confirm your…
How do I contest a suspicious or potentially forged will in Robeson County, North Carolina? If you suspect that a will admitted by the clerk’s office in Robeson County is forged or improperly executed, North Carolina law lets you challenge it through a “caveat” or other court action. Under N.C. Gen. Stat. § 28A-8-1, anyone…
Q1: How do I probate a copy of a will when the original is missing or withheld by a family member in Randolph County, North Carolina? When a loved one’s original will is missing or held by a family member who refuses to surrender it, you can petition the Randolph County Clerk of Superior Court…
How Are Personal Property Items Distributed Under a North Carolina Probate Will, and What Can I Do If Items Disappear or Were Conveyed Away? When someone dies with a valid will in Wake County, the personal representative (executor) must gather all assets, file an appraisal inventory with the Clerk of Superior Court and then distribute…
FAQ: How Do I Petition for Appointment as a Successor Guardian in North Carolina? To assume guardianship of an incapacitated loved one when the current guardian can no longer serve, you file a “motion for appointment of successor guardian” in the clerk of superior court’s Special Proceedings division. 1. Identify the correct county. Courts treat…
How do I file a Motion in the Cause to Appoint a Successor Guardian in Rowan County, NC? When an appointed guardian no longer meets the needs of a ward, North Carolina law allows interested parties to ask the court to replace the guardian through a “motion in the cause.” In Rowan County, the clerk…
What Is a Petition to Reopen a Closed Estate in North Carolina and How Do I Prepare for the Hearing? In North Carolina, heirs or interested parties may ask the clerk of superior court to reopen a closed estate when assets remain undistributed or accounting errors surface. Under N.C. Gen. Stat. § 28A-23-3, you must…
