How do I add a newly discovered heir to an intestate estate? – North Carolina Short Answer In North Carolina, you update the estate file and, if heirship is not already legally established, ask the Clerk of Superior Court to determine the new heir before distributing assets. For a child born outside marriage, paternity must…
When should I switch from a small estate proceeding to a full estate administration? – North Carolina Short Answer In North Carolina, you should move from a small estate option (collection by affidavit or summary administration) to a full estate administration when you need Letters (Letters of Administration or Letters Testamentary), when assets exceed small-estate…
What happens if the executor misses the court’s deadlines for filing estate inventories and affidavits? – North Carolina Short Answer In North Carolina, an executor must file the 90‑day inventory within three months of qualifying and file the Affidavit of Notice to Creditors when the inventory is filed. If these deadlines are missed, the Clerk…
How can I compel the executor to correct inventory errors and justify the low sale of my mother’s car? – North Carolina Short Answer In North Carolina, you can file an estate proceeding with the Clerk of Superior Court to compel the executor to correct inventory errors through a supplemental inventory and to produce records…
Can I file a creditor’s claim or remove the executor for failing to perform fiduciary duties? – North Carolina Short Answer Yes. In North Carolina, you may present a written creditor’s claim to the personal representative (executor) by the deadline in the published notice to creditors. If the executor misses required filings, mishandles assets, or…
Can I challenge an undervalued sale of estate property and seek a fair appraisal? – North Carolina Short Answer Yes. In North Carolina, heirs and beneficiaries can object if a personal representative sells estate property for less than fair market value or files an inventory with inaccurate values. You may ask the Clerk of Superior…
How do I handle the vehicle in my father’s estate when the executor hasn’t transferred or valued it? – North Carolina Short Answer In North Carolina, the executor must list and value all probate assets, including vehicles, at their fair market value on the date of death and file (or amend) the inventory within set…
How can I force a sale or physical division of the inherited farm that I co-own with my sibling? – North Carolina Short Answer In North Carolina, any co-owner may file a partition proceeding with the Clerk of Superior Court in the county where the farm is located to seek either a physical division (partition…
Can I require my sibling to buy out my one-third interest and how is a fair buyout price determined? – North Carolina Short Answer No. In North Carolina you generally cannot force a co-owner to buy your share, but you can file a partition action. If the land qualifies as “heirs property,” the court will…
Will a court-appointed sale guarantee I receive full market value for my share? – North Carolina Short Answer No. In North Carolina partition cases, a court-ordered sale aims to achieve fair market value through court-supervised procedures, but it does not guarantee a specific price. If the property is “heirs property,” the court typically uses appraisal,…
