Category Archives: Probate Q&A Series

Should I consult with both a probate attorney and a disability lawyer for managing my late mother’s estate and her related disability benefits, or can one attorney handle both aspects?

What Is a Small Estate and How Do I Qualify for Summary Administration in North Carolina? In North Carolina, an estate may qualify for summary (small estate) administration if its total value – excluding exempt assets – is less than $20,000. This streamlined process uses an affidavit of collection of personal property, minimizing court formalities…

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary?

How Can I Sell Estate Property to Pay Off Debts During Estate Administration in North Carolina? This question often arises when an executor needs to liquidate assets to satisfy the debts of an estate. In North Carolina probate, selling estate property is a structured process that requires careful adherence to legal procedures. When property—such as…

What legal options do I have to secure my one-third share of a property when an estate is intestate and my siblings dispute my rights?

How Can I Determine if a Probate Estate File Has Been Opened for a Deceased Parent’s Property in North Carolina? In North Carolina, once a decedent passes away, the property title typically remains in the deceased’s name—often listed generically as “Diana’s heirs” or similar—until someone opens a probate file. If you suspect that no probate…

How does a partition action work to force the sale of an inherited property when co-heirs cannot agree on its disposition?

What Is a Partition Action in North Carolina? A partition action is a legal proceeding used in North Carolina when co-owners of property—often family members inheriting real estate without a will—cannot agree on how to divide or dispose of the property. In cases where a property cannot be physically divided (for example, a single‐family home…

Why Haven’t I Received Probate Paperwork From My Deceased Father’s Estate?

FAQ 1: Why Haven’t I Received Probate Paperwork From My Deceased Father’s Estate? Probate administration in North Carolina can take time—even when you believe you should be receiving documents quickly. In Lumberton, NC, the delay may occur because the estate has not yet been formally opened or because the necessary paperwork is still being processed.…

Why Do Both Parties Need to Obtain a Probate Bond in North Carolina?

Why Do Both Parties Need to Obtain a Probate Bond in North Carolina? In Swain County and throughout North Carolina, when a probate case involves multiple parties, the court may require that each party secure a probate bond. The bond functions as a form of financial assurance that the duties of administering the estate will…

What Is Involved in the Drafting and Revision Process of a Probate Settlement Agreement in North Carolina?

What Is Involved in the Drafting and Revision Process of a Probate Settlement Agreement in North Carolina? In North Carolina, a probate settlement agreement brings together parties who own property—often on a 50/50 basis—to resolve discrepancies without prolonged litigation. The process typically begins when one party submits a proposal outlining key issues such as listing…

How Can I Obtain a Copy of an Estate File in Hoke County, North Carolina?

How Can I Obtain a Copy of an Estate File in Hoke County, North Carolina? If you need to review a loved one’s will or other probate documents, you must start by obtaining a copy of their estate file. In Hoke County, North Carolina, the local clerk’s office is the first stop. The estate file…

How Can I Cancel a Scheduled Probate Hearing After Filing an Implied Renunciation in North Carolina?

How Can I Cancel a Scheduled Probate Hearing After Filing an Implied Renunciation in North Carolina? In North Carolina, when an implied renunciation is filed in an estate matter—such as the Jackson estate discussed in Swain County—the scheduled show cause hearing may be cancelled if all corrections and agreements have been properly documented. Courts and…

Can a Power of Attorney Be Used to Draft or Execute a Will for a Loved One with Diminished Capacity?

Can a Power of Attorney Be Used to Draft or Execute a Will for a Loved One with Diminished Capacity? In North Carolina, a power of attorney (POA) gives an individual the authority to manage another’s financial and legal affairs while that person retains capacity. However, a POA cannot be used to draft or execute…