FAQ #1: What happens to real property when someone dies without a will in North Carolina? In North Carolina, if a decedent dies intestate (without a will), their real property becomes part of the probate estate administered under Chapter 28A of the North Carolina General Statutes. A family member or other interested person must file…
Can My Co‐Owner Sell Our Property Without My Consent in Yadkin County, NC? When two people co‐own land in North Carolina—including a home place in Yadkin County—each holds an undivided share of the title. North Carolina law treats most co‐ownerships as “tenants in common,” meaning each co‐owner may use the entire parcel but cannot convey…
FAQ 1: What rights do I have as a co-heir when a sibling controls access to inherited property and refuses to cooperate? If your mother died intestate (without a will) and your stepfather held a life estate, North Carolina law treats the property as part of the probate estate when he died. Under N.C.G.S. §…
How Do I Open an Intestate Probate Estate and Access My Father’s Bank and Retirement Accounts in Onslow County? When your parent dies without a will, you must open an intestate estate in the county where they lived. In Onslow County, you begin by filing an Application for Letters of Administration with the Clerk of…
What Information and Documents Should I Provide When Requesting an Update on a North Carolina Probate Estate? When you call your probate attorney’s office or the Clerk of Superior Court to get an update on an estate—like the Lewis estate in Wake County—it helps to have key details ready. First, know the estate name and…
FAQ: How do I use a North Carolina small estate affidavit to transfer title of a deceased parent’s trailer? If your mother died without a will or trust and her only North Carolina asset is a travel trailer worth less than $20,000, you can transfer title through North Carolina’s small estate process rather than a…
FAQ #1: Can the County Clerk Help Me Fill Out Probate Forms and Offer Legal Advice? In Yadkin County and across North Carolina, the Clerk of Superior Court performs ministerial tasks: receiving filings, maintaining records, and collecting fees. Clerks may give you general guidance on how to file a paper, but they cannot interpret statutes,…
1. Can a surviving spouse update the deed to real property after an intestate death in North Carolina? Under North Carolina intestacy law, if a spouse dies without a will and leaves no children or parents, the surviving spouse inherits all real property (see N.C. Gen. Stat. § 29-14(c)(1)). Probate in the decedent’s county—such as…
FAQ 1: What Documents Does a Bank Like Capital One Require to Release a Decedent’s Funds in Wake County Probate? When a decedent’s bank account freezes at death, financial institutions such as Capital One will request proof of authority before releasing funds. In Wake County, you must obtain “Letters Testamentary” or “Letters of Administration” from…
How can I transfer title to my deceased parent’s trailer in North Carolina using a Small Estate Affidavit? If the decedent’s North Carolina–located trailer is valued under $20,000 and there are no other probate assets here, you may qualify for a Small Estate Affidavit under N.C. Gen. Stat. § 28A-19–2. This streamlined process can avoid…
