How do I open an intestate estate in North Carolina for a nonresident decedent with property in Paris County and California? If someone dies without a will in North Carolina, the estate is “intestate.” When the decedent owned real estate both here (for example, Paris County) and in another state (San Bernardino County, California), you…
How Does Tenancy by the Entirety Affect Property Transfer in North Carolina? When a married couple owns real estate as tenants by the entirety, North Carolina law treats the two spouses as a single legal unit. Under N.C. Gen. Stat. § 41-1, titled “Tenancy by the entirety,” each spouse holds an equal and undivided interest…
How Can a Surviving Spouse Claim an Elective Share in Henderson County, NC When the Decedent Died Intestate? Under North Carolina law, a surviving spouse may elect to claim a statutory share of a decedent’s estate—even if the decedent left no will. This “elective share” is governed by N.C. Gen. Stat. § 30-3 and applies…
How do I probate a lost or missing original will in North Carolina? When the original will cannot be located, North Carolina law presumes the testator revoked it. To overcome that presumption, you use the solemn form procedure under N.C.G.S. § 28A-2-5. First, prepare a petition and attach a copy of the will along with…
1. How Do I Open a Probate Estate and Compel an Uncooperative Co-Executor in Guilford County? When a co-executor lives out of state and refuses to qualify or cooperate, you still can open the estate and ask the court to appoint you or another personal representative. In Guilford County (Greensboro), start by filing a Petition…
What steps must I follow to open an intestate estate in Mecklenburg County when I live out of state and there is no valid will? When someone dies without a will in North Carolina, their estate proceeds under intestacy rules. In Mecklenburg County, even if you live in Michigan (or any other state), you can…
How do I file a final accounting and an amended final accounting in Wake County, NC? When you reach the closing steps of a probate in Wake County, the court requires a final accounting to show how the estate assets were received, managed and distributed. North Carolina General Statute § 28A-18-3 outlines the requirements for…
FAQ 1: How Can Heirs Sell Inherited Real Estate When a Co-Owner Refuses to Cooperate? When someone dies without a will (intestate) in North Carolina, their real property passes to heirs by operation of law. Under N.C.G.S. § 29-14 the estate divides equally among children who survive the decedent. If one child predeceases, their share…
FAQ 1: How Can I Verify and Stop Mismanagement by an Agent under a North Carolina Power of Attorney? Answer In North Carolina, a power of attorney (POA) agent must act in the principal’s best interest and keep detailed records of all transactions. Under N.C. Gen. Stat. § 32C-7-107, an agent owes a fiduciary duty…
Are life insurance proceeds and IRA distributions at risk in an equitable distribution claim after a spouse’s death? When a spouse dies amid divorce or shortly after filing, one key concern is whether beneficiary-designated assets—like life insurance proceeds or IRAs—can be reached by an equitable distribution (ED) claim. In North Carolina, life insurance benefits and…
