FAQ: How can I gain access to estate property and retrieve personal items when a co-owner or occupant denies entry under a North Carolina court order? In many probate estates, a court appoints a commissioner to manage sale or partition of real property under N.C. Gen. Stat. § 28A-14-2. If a co-owner or occupant refuses…
1. What is the priority of paying a personal representative’s commission, attorney fees, and a surviving spouse’s year’s allowance in a North Carolina probate estate? North Carolina law sets out clear priorities for the payment of estate expenses, but local practice can vary by county clerk’s office. Under N.C. Gen. Stat. § 28A-18-2, a personal…
FAQ 1: How can a personal representative get reimbursed for auto loan payments made to preserve an estate asset? When a personal representative makes loan payments on a decedent’s vehicle from personal funds to preserve an estate asset, North Carolina law allows reimbursement as an “expense of administration.” Under N.C.G.S. § 28A-17-3, personal representatives may…
Q1: How do I reopen a closed Durham County probate estate to address mismanagement or seek relief? If an estate in Durham County has already been closed but you suspect fiduciary misconduct or need to recover assets that were omitted, you may petition the clerk of superior court to reopen the estate. Under North Carolina…
1. What authority do Letters of Administration provide to a personal representative in North Carolina probate? When you qualify as an estate administrator, the clerk of superior court issues Letters of Administration under North Carolina General Statutes § 28A-6-1. These letters act as your official “badge” or permission slip. Third parties—banks, credit card companies, post…
Can I Still Probate a Loved One’s Will After It Was Withheld and Assets Were Withdrawn? If you discover a decedent’s valid will after family members delayed submitting it—and even withdrew funds—you generally can still open probate in North Carolina. In Richmond County, you begin by contacting the Clerk of Superior Court to confirm whether…
Do I Have to Pay Probate Attorney Fees Upfront in North Carolina and Can I Get Reimbursed from the Estate? In North Carolina, probate attorneys typically require an initial retainer before beginning work. For example, in Wake County a firm may request a $1,000 retainer held in trust. Under this arrangement, the attorney bills hourly…
1. How Do I Reopen a Closed Probate Estate in Wake County to Collect Newly Discovered Assets? When an estate closes and you later discover assets—like a life insurance payment or forgotten bank account—you can petition the Wake County Clerk of Superior Court to reopen the estate. Under N.C. Gen. Stat. § 28A-18-3, a personal…
What Is a Partition Action to Sell Inherited Property in North Carolina? When heirs inherit real estate jointly—such as the family home on Land Grove Road in Forsyth County—they each own an undivided interest. Disagreements can arise over possession, utilities, maintenance and sale timing. North Carolina law provides a partition action, a court-supervised sale, under…
How can I review and challenge creditor claims filed against a North Carolina probate estate? When a loved one dies in North Carolina, all known and unknown creditors get notice. The personal representative must publish a notice to creditors and send mailed notice to known creditors under N.C. Gen. Stat. § 28A-15-1. Creditors then have…
