How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements?

How do I get the probate court’s permission to sell the property when the clerk’s office won’t explain the filing requirements? (North Carolina) Quick answer: In North Carolina, you either sell under a power of sale in the will (no court order needed) or you file a special proceeding with the Clerk of Superior Court…

How can I file a partition-for-sale suit in North Carolina when a minority of the siblings won’t agree to sell our inherited land?

How can I file a partition-for-sale suit in North Carolina when a minority of the siblings won’t agree to sell our inherited land? Short answer: In North Carolina, any co-owner (even just one) can start a partition case. If physically dividing the land is impractical or would significantly reduce its value, the court can order…

How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value?

How to Negotiate a Fair Buyout of Your Interest in North Carolina Family Land Short answer: Anchor your negotiations to the property’s fair market value, account for any legitimate credits or improvements, and use North Carolina’s partition laws—including special protections for “heirs property”—as leverage to reach a fair price. If talks stall, a partition action…

How do I amend an estate inventory after it’s been filed if I need to include more items?: North Carolina

How Do I Amend an Estate Inventory After It’s Been Filed in North Carolina? Short answer: file a sworn supplemental or amended inventory with the Clerk of Superior Court—Estates Division—in the county where the estate is pending. North Carolina law anticipates that personal representatives may find additional assets after the original filing and allows you…

How can I list personal property broadly in the estate inventory to avoid giving my brother ammunition to challenge it?

How can I list personal property broadly in the estate inventory to avoid giving my brother ammunition to challenge it? Short answer: You can group most household items into broad categories with lump-sum values, as long as the descriptions are accurate and the values are defensible. North Carolina law requires a complete and honest inventory,…

What happens if my brother objects to the way personal property is described in the inventory?

What happens if my brother objects to the way personal property is described in the inventory? (North Carolina Probate) In North Carolina, the personal representative (executor or administrator) must file an Inventory that lists and values the decedent’s assets. If your brother believes the Inventory describes personal property too vaguely (for example, listing “jewelry” without…

What steps are involved in formally recovering personal property through probate?

What steps are involved in formally recovering personal property through probate? If a loved one dies owning personal property in North Carolina—like vehicles, bank accounts, furniture, jewelry, tools, or business equipment—you generally must use the probate process to lawfully recover, safeguard, and distribute those items. Below is a clear, step-by-step overview of how recovery works…