What steps do I take to force filing a will with the probate court in North Carolina? Short Answer In North Carolina, you may file a sworn application with the Clerk of Superior Court to compel anyone in North Carolina who has the original will to produce it. The clerk issues a summons ordering that…
How can I obtain a copy of a loved one’s will if the executor refuses to share it? – North Carolina Short Answer In North Carolina, the person holding a decedent’s original will must deliver it to the Clerk of Superior Court for probate. If the custodian or named executor refuses, you can file a…
Can I compel an updated appraisal or CMA before a court-ordered sale? – North Carolina Short Answer Often, yes. In a North Carolina partition case—especially if the land is “heirs property”—the court can order an appraisal and set the sale terms to ensure a fair, commercially reasonable sale. You may file a motion asking the…
How can I petition the court for a first right of refusal before the partition sale? – North Carolina Short Answer North Carolina partition law does not grant co-owners a general “first right of refusal” before a sale. If the property qualifies as “heirs property,” co-owners may petition the Clerk of Superior Court to trigger…
What steps are involved in a contested partition hearing during estate administration? – North Carolina Short Answer In North Carolina, a partition action is a special proceeding before the Clerk of Superior Court in the county where the land sits. The petitioner files and serves all co-owners, the clerk holds a hearing, and the clerk…
How do I prepare for a partition action against other heirs? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action with the Clerk of Superior Court in the county where the land sits to divide the property or force a sale. If the land is heirs’ property, the court…
Can my child and I share in the surplus funds if my spouse died without a will? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure go to whoever legally owned the equity at the time of the sale, after junior liens are paid. If your late spouse was entitled to…
How does a court determine who is entitled to surplus funds when someone dies intestate? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are applied first to costs and valid liens; any remainder goes to the owner(s) of the property at the time of sale, or their successors. If an…
What happens if an heir refuses to cooperate with a co-signed car loan during estate administration? – North Carolina Short Answer In North Carolina, a personal representative (PR) must protect estate assets and pay valid creditor claims in the statutory order. If an heir won’t cooperate on a co-signed car loan, the PR can still…
Do I have to sell my inherited home to cover outstanding loans and creditor claims against the estate? – North Carolina Short Answer Not automatically. In North Carolina, a personal representative must use estate assets to pay valid debts. Real estate can be sold only if it’s needed and selling is in the estate’s best…
