How long does opening probate and resolving title issues usually take and what costs should I expect? – North Carolina Short Answer In North Carolina, you can typically open a probate estate and receive Letters from the Clerk of Superior Court within a few days to a few weeks once the paperwork is complete. After…
What happens to property not specifically devised in a will under intestacy laws? – North Carolina Short Answer In North Carolina, property a will does not dispose of falls first to any residuary clause. If the will lacks a residuary clause (or a gift fails and no back-up applies), that property passes by intestacy to…
How is a personal representative commission calculated and claimed in estate administration? – North Carolina Short Answer In North Carolina, a personal representative’s commission is set by the Clerk of Superior Court and may not exceed 5% of commissionable receipts and disbursements (excluding distributions to heirs). The Clerk considers time, responsibility, and skill, and must…
Who is responsible for paying property taxes on inherited real estate before the estate has funds to cover them? – North Carolina Short Answer In North Carolina, heirs or devisees who receive real property at death are generally responsible for ongoing property taxes after the date of death, unless and until the personal representative brings…
What steps can I take to stop my sibling from selling our parent’s house while probate is ongoing? – North Carolina Short Answer In North Carolina, a co-administrator cannot sell an intestate decedent’s home unless all heirs join in the deed or the Clerk of Superior Court authorizes a court-supervised sale to pay estate debts.…
What do I need to know to administer an estate when there is no will? – North Carolina Short Answer In North Carolina, an intestate estate (no will) is handled by a court‑appointed administrator who gathers assets, pays valid debts after proper notice to creditors, and distributes what remains to heirs under state law. Administrators…
How do I recover estate assets that were taken without permission after my parent died? – North Carolina Short Answer In North Carolina, you can file an estate proceeding with the Clerk of Superior Court to identify and recover estate property that was taken without permission. The Clerk can order the person holding the assets…
Can I remove a co-administrator who has been mismanaging estate funds? – North Carolina Short Answer Yes. In North Carolina, an interested person can ask the Clerk of Superior Court to revoke a co-administrator’s letters for default or misconduct, conflicts that harm the estate, or other statutory grounds. The clerk can also order an accounting,…
What steps should I take now to protect or revive my claim against the estate after the sale of assets? – North Carolina Short Answer In North Carolina, a creditor protects a claim by timely presenting it, and if the personal representative (PR) rejects it in writing, filing a civil lawsuit within three months of…
Can I reopen or appeal a creditor claim that was denied without court action? – North Carolina Short Answer In North Carolina, you don’t “appeal” a private denial letter. If the personal representative rejected your claim in writing and did not refer it to neutral referees, you must file a civil lawsuit against the estate’s…
