FAQ 1: How Are Sale Proceeds and Individual Reimbursements Handled in a North Carolina Special Proceeding on Co-Owned Estate Real Property? When heirs jointly own real property and file a special proceeding under North Carolina law, the clerk of superior court orders sale of the real estate and holds proceeds in escrow. Before dividing those…
FAQ 1: What can I do if someone continues to act under a power of attorney after my loved one’s death? In North Carolina, a power of attorney automatically terminates upon the principal’s death. N.C. Gen. Stat. § 32C-2-202(a) states that “a power of attorney is revoked by the principal’s death.” If a former agent…
FAQ #1: What Proof of Death Is Required to Open an Intestate Estate in North Carolina—and What If I Can’t Locate a Death Certificate? To begin probate in North Carolina—be it Wake, Mecklenburg, Buncombe or any other county—you must prove the decedent has died. North Carolina General Statute § 28A-2-4(b)(G.S. 28A-2-4) requires that your petition…
FAQ 1: Why should my personal representative transfer estate funds into our law firm’s trust account before distribution in Wake County, NC? Under North Carolina law, a personal representative (formerly called executor) owes a strict fiduciary duty to safeguard all estate assets until final distribution. Misdirected withdrawals or joint account transactions can trigger allegations of…
FAQ 1: How Do I Probate a Missing or Lost Will in Wake County When I Have Only a Copy? If you’ve been named executor in a will but the original document is missing or held by a non-cooperative former attorney, North Carolina law provides a mechanism to admit a copy. Under N.C. Gen. Stat.…
FAQ 1: Does a Final Divorce Automatically Remove a Former Spouse as Executor and Beneficiary of a North Carolina Will? Under North Carolina law, when a couple’s divorce becomes final, any will executed before the divorce treats the former spouse as if they predeceased the testator. North Carolina General Statutes § 31-5(a) provides that divorce…
How do I transfer a decedent’s vehicle title using North Carolina’s small estate affidavit? Answer In North Carolina, you can often avoid a full probate by using a small estate affidavit for personal property valued at $20,000 or less. Under N.C. Gen. Stat. § 28A-19-4, a surviving spouse may file an affidavit in the county…
FAQ 1: What should I expect during my initial call with a North Carolina probate attorney’s office? When you first call a probate attorney’s office in North Carolina, you’ll speak with a member of the legal team who will gather basic facts about the decedent’s estate. This preliminary conversation helps the attorney determine whether they…
How Can I Obtain and Probate a Decedent’s Will in Wake County When the Drafting Attorney Refuses to Provide a Copy? When a retired attorney holds the only known copy of your grandfather’s will, you face two issues: securing the will and then officially admitting it to probate in Wake County (Raleigh). North Carolina law…
FAQ 1: How does a North Carolina personal representative identify and secure insurance coverage for a decedent’s accident claim? When someone dies because of an accident, the personal representative (PR) of the estate must act promptly to locate and collect all available insurance proceeds. In Wake County—and every county in North Carolina—the PR’s duty to…
