How Can I Initiate Property Division When an Executor Delays Distribution in Craven County? In North Carolina, if an executor, who is also a co-heir, delays distributing estate assets, you can take steps to prompt action. When a will is not present and estates are handled intestate, North Carolina’s inheritance laws (see NC General Statutes)…
Can Probate Attorney Fees Be Paid from Estate Funds in North Carolina? In North Carolina, probate attorney fees can ultimately be paid from the estate’s funds. However, the process is not automatic. When you are handling estate administration, the initial retainer may need to be paid “out-of-pocket” and later reimbursed by the estate. The court…
Can I Be Appointed as the Administrator of an Estate When There Is No Will in North Carolina? Many North Carolina residents ask whether an individual can serve as an estate administrator when the decedent left no will. In such cases, the estate will be distributed under intestate succession laws. The court will appoint an…
How Does Real Property Inheritance Work in North Carolina Probate? In North Carolina, when a parent passes away, title to real property immediately vests in the heirs. This means that even though a probate proceeding may be required to settle the overall estate, real property may not be considered a “probate asset” because it automatically…
How Do I Arrange for Secure Property Access and Key Exchange During Estate Administration in North Carolina? During estate administration in North Carolina, ensuring that the property is secure is crucial. In situations where no one occupies the property—as discussed during a recent call involving a Wilmington property—the process of securing the home is paramount.…
What Should I Do if I Experience Communication Issues with My Probate Attorney? Clear and timely communication is vital during the probate process. In North Carolina, when you engage legal services, you deserve prompt updates and accurate explanations regarding your case. If you are experiencing delays, unanswered calls, or unreturned messages, it is important to…
How Are Probate Fees and Billing Structures Determined in North Carolina? Probate fees in North Carolina are not fixed; they depend on the work required and the time devoted to your case. Many probate attorneys, including those working in Columbia County and near Wilmington, use hourly billing. For example, one attorney recently discussed charging an…
What Are the Essential Steps to Gather Documents and Assets for Probate in North Carolina? When initiating probate, gathering all important documents is the first and most critical step. In North Carolina, the process relies on having a complete inventory of assets – from bank statements and vehicle titles to business records and real property…
What Is the Process for Filing Administrative Forms to Open a Probate Estate in Bertie County? Initiating probate in North Carolina requires filing the necessary administrative forms in the county where the decedent lived. In Bertie County, this involves submitting the application for letters of administration along with a death certificate and any other pertinent…
What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy that allows co-owners of a property—such as family members who have inherited real estate—to force the division or sale of the property when one or more parties refuse to agree on its disposition. In North…
