How do I recover unclaimed surplus funds from an out-of-state foreclosure when the North Carolina estate has closed?

How do I recover unclaimed surplus funds from an out-of-state foreclosure when the North Carolina estate has closed? 1. Detailed Answer When a North Carolina estate has already closed, but surplus proceeds remain from a foreclosure in another state, you must reopen or file a new claim in the foreclosing jurisdiction. You cannot simply ask…

What are the differences between an executor and an administrator in North Carolina probate?

Differences Between an Executor and an Administrator in North Carolina Probate 1. Detailed Answer In North Carolina, probate involves settling a decedent’s estate under Chapter 28A of the North Carolina General Statutes. An executor and an administrator each serve as a personal representative, but the source of their authority and the process for appointment differ.…

How do I confirm service of process and formally extend the response deadline in a contested probate case in North Carolina?

How to Confirm Service of Process and Extend Your Response Deadline in a Contested Probate Case in North Carolina 1. Detailed Answer When someone challenges a will or an estate administration in North Carolina, the clerk issues a citation or notice under N.C. Gen. Stat. § 28A-6-2. You must confirm that every party received proper…

When can I use North Carolina’s Small Estate Affidavit instead of opening a full probate estate?

When can I use North Carolina’s Small Estate Affidavit instead of opening a full probate estate? Detailed Answer In North Carolina, you may avoid full probate by using a Small Estate Affidavit if certain conditions are met. The procedure lets heirs or beneficiaries collect assets without appointing an administrator. North Carolina law creates two summary…

When does North Carolina require ancillary probate for out-of-state decedents owning real property?

Detailed Answer In North Carolina, you must open an ancillary probate estate any time a person who lived and died in another state owned real property here at death. Under North Carolina law, a decedent’s personal representative in their home state cannot transfer real estate located in North Carolina without obtaining ancillary letters of appointment…