Can I Open an Intestate Estate in Nash County When My Parent Died Without a Will? In North Carolina, when someone dies without a will (“intestate”), heirs must open probate by applying for Letters of Administration. Under N.C. Gen. Stat. § 28A-6-1 and § 28A-6-2, the clerk of superior court in the decedent’s county of…
FAQ 1: How Do I Obtain a Copy of the Will and Death Certificate in North Carolina? Answer Under North Carolina law, any will filed for probate becomes a public record in the clerk’s office of the county where the decedent resided. If your father’s will was probated in Wake County—used here as an example—you…
FAQ 1: How do I open an intestate estate in Harnett County, NC, to pursue a wrongful death claim? When someone dies without a will in North Carolina, you must open an intestate estate before you can file a wrongful death suit on the decedent’s behalf. In Harnett County, the process begins by applying for…
FAQ: How Can I Locate a Decedent’s Will and Identify All Assets When the Family Didn’t Notify Me? If you learn of a loved one’s passing—and the family didn’t reach out—you may feel uncertain how to proceed. In North Carolina, you first need to determine whether the decedent left a will and then identify all…
FAQ 1: What information and documents should I gather before contacting a North Carolina probate attorney about an estate? When you call a North Carolina probate attorney—whether you live in Wake County, Mecklenburg County, or another jurisdiction—you speed up the process by having key information and documents at hand. North Carolina General Statute § 28A-2-1…
1. Can a Holographic Will Transfer Half of a Tenancy by the Entirety Home in North Carolina? When a married couple holds real estate as tenancy by the entirety, North Carolina law treats that ownership as an indivisible interest that passes automatically to the surviving spouse at death. A handwritten (holographic) will may direct distribution…
FAQ 1: What bank statements and records does my personal representative need for an annual accounting in North Carolina probate? Under North Carolina law, a personal representative must file an annual account with the clerk of superior court to show all estate receipts and disbursements. N.C. Gen. Stat. § 28A-18-3 requires a statement of cash…
FAQ 1: How Can I Open My Father’s Estate in Rockingham County When the Surviving Spouse Refuses to File the Will? When a decedent’s will exists but the surviving spouse—or another personal representative—refuses to file it, North Carolina law lets interested heirs step in. In Rockingham County, you first confirm whether the estate is open.…
FAQ 1: What Steps Are Required to Prepare and Record a Quitclaim Deed for Inherited Property During Probate in North Carolina? When one co-owner dies with a clause in a buy-out agreement naming you as sole grantee, you need a properly executed quitclaim deed to clear title. Under North Carolina law, the personal representative of…
1. Can a personal representative receive a commission in North Carolina probate and how is it calculated? Under North Carolina law, someone who serves as a personal representative (formerly called executor or administrator) may receive payment for that service in the form of a commission. The commission compensates the representative for time, effort and fiduciary…
