What steps do I take if the named executor refuses to renounce or sign probate paperwork? – North Carolina Short Answer In North Carolina, if a named executor will not qualify or renounce within 30 days after the will is probated, you can ask the Clerk of Superior Court to deem that executor to have…
How do I challenge a fraudulent deed showing the ex-partner as co-owner of estate land? – North Carolina Short Answer In North Carolina, you typically open the estate and obtain Letters from the Clerk of Superior Court, then file a civil action in Superior Court to set aside the fraudulent deed and quiet title. You…
Can I open a simple estate if the decedent left no other assets? – North Carolina Short Answer Yes. In North Carolina you can open an estate limited to pursuing and receiving wrongful death proceeds even if the decedent had no other assets. A personal representative must be appointed to settle the claim, but because…
What steps are needed to distribute a settlement to me as the sole beneficiary? – North Carolina Short Answer In North Carolina, a wrongful death settlement must flow through a court‑appointed personal representative, not directly to you. The representative settles the claim, pays allowed expenses and any required liens, and then distributes the balance to…
How can I open an estate in my North Carolina county just to collect my late parent’s car accident settlement? – North Carolina Short Answer In North Carolina, you open an estate with the Clerk of Superior Court in the county where your parent lived at death and qualify as the personal representative (administrator or…
What can I do about vehicles that were retitled or sold without a probate order? – North Carolina Short Answer In North Carolina, a vehicle titled only in the decedent’s name is estate property. If it was retitled or sold without Letters from the Clerk of Superior Court or a proper clerk-certified DMV affidavit, the…
Do I need an executor’s indemnity to close on a property already transferred to me? – North Carolina Short Answer Under North Carolina law, title to a decedent’s real property vests in the heirs or devisees, but within two years of death a sale by a devisee is not binding on creditors or the estate…
Can I avoid selling inherited property during probate if beneficiaries agree? – North Carolina Short Answer Yes—under North Carolina law, heirs do not have to sell inherited real estate if estate debts and costs can be paid without a sale. Title to non-survivorship real property vests in the heirs at death, but creditor rights still…
Can I recover foreclosure sale proceeds before my siblings get their share? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are paid to whoever owned the equity in the property at the time of sale. If a co-owner died without a will and there was no right of survivorship, that…
Can I recover losses from undervalued sales of estate assets by the administrator? – North Carolina Short Answer Yes—under North Carolina law, you can seek to hold an administrator personally responsible (a “surcharge”) for losses caused by a breach of fiduciary duty, such as imprudently selling estate assets for less than a reasonable market value.…
