FAQ 1: What should I do if I discover an original will after probate has started in Wake County? Finding an original will after you’ve filed for probate can change the process. Under North Carolina law, the personal representative must deposit the newly discovered will with the clerk of superior court in the county where…
What steps should an heir take to confirm and protect their ownership interest in inherited real property in Gaston County, North Carolina? If you’ve inherited land in Gaston County, you need to verify the chain of title and maintain the property to protect your interest. Start by ordering a title search from a trusted abstracting…
How Do I Claim Life Insurance Proceeds if the Named Beneficiary Dies After the Insured in North Carolina? When a life insurance policy names a primary beneficiary who survives the insured by at least seven days, North Carolina law treats the proceeds as belonging to that beneficiary’s estate. Under N.C. Gen. Stat. § 28A-15-1, if…
FAQ: How do I sell an inherited house in Gaston County when the named executors have died and the property is facing foreclosure? If you inherit real estate in Gaston County and the named executors on the will have predeceased the testator, you must first confirm who holds legal title. Under North Carolina General Statute…
How do I include and serve a missing heir in a partition action to sell co-owned real property in Northampton County, North Carolina? In a North Carolina special proceeding under N.C. Gen. Stat. § 41-1, co-owners can force the sale of real property when one or more heirs are unknown or unserved. If you discover…
FAQ 1: Why and How to Reopen a Closed Probate Estate in Durham County to Address Ongoing Creditor Claims When an estate in Durham County closes without resolving all creditor claims—like continued withdrawals for a solar-panel loan—the personal representative must reopen probate. North Carolina law permits reopening to protect estate assets and satisfy valid debts.…
What Is a Holographic Will and How Do I Probate One in North Carolina? In North Carolina, a holographic will is a document entirely in the decedent’s handwriting and signed by them. Unlike some states, North Carolina does not recognize informal nuncupative wills or hand-written notes that lack the formal execution required by statute. To…
How can I access a payable‐on‐death (POD) bank account after a North Carolina resident dies? When a North Carolina resident names you as the payable‐on‐death (POD) beneficiary on a bank account, state law lets you claim those funds directly from the institution without opening a full probate estate. Under N.C. Gen. Stat. § 54C-6, the…
How Can Heirs Verify Beneficiary Designations on Retirement and Brokerage Accounts After a Decedent’s Death in North Carolina? When someone dies, their assets outside probate—like 401(k)s, IRAs or brokerage accounts—pass to named beneficiaries. In Wake County and across North Carolina, beneficiaries override intestate succession under N.C. Gen. Stat. § 28A-2-1. To ensure the right persons…
