Can I recover hidden inheritance assets after discovering collusion between a fiduciary and an heir? – North Carolina Short Answer Yes. North Carolina law lets an interested person or the current estate administrator file an estate proceeding to examine anyone believed to hold estate property and ask the court to order its return. If a…
What steps are needed to sell or transfer a condemned property during probate? – North Carolina Short Answer In North Carolina, an administrator can sell estate real estate only if the sale is authorized by statute or court order. For an intestate estate, you typically file a special proceeding with the Clerk of Superior Court…
How can I open probate for my relative’s estate when there’s no will and I want to serve as administrator? – North Carolina Short Answer In North Carolina, you open an intestate estate by applying with the Clerk of Superior Court in the decedent’s county using the Application for Letters of Administration. The Clerk appoints…
What can I do if a co-heir refuses to cooperate with the administration process? – North Carolina Short Answer In North Carolina, you can still move forward. The Clerk of Superior Court may appoint the heir who is most likely to administer the estate effectively, and a nonparticipating co-heir can sign a renunciation or be…
Can I enter and clean up the property as an heir before the court issues letters of administration? – North Carolina Short Answer In North Carolina, heirs may enter inherited real property to secure and preserve it, but they should not remove, sell, or distribute the decedent’s belongings until someone is officially appointed. If urgent…
What steps do I need to inventory and secure a deceased relative’s property without a will? – North Carolina Short Answer In North Carolina, you generally cannot enter, move, or use a decedent’s property until the Clerk of Superior Court appoints you. If immediate action is needed to protect assets, ask the Clerk to appoint…
How do I give notice to creditors and handle any estate taxes for a small estate? – North Carolina Short Answer In North Carolina, the administrator publishes a Notice to Creditors once a week for four consecutive weeks and mails notice to known or reasonably ascertainable creditors within 75 days after Letters of Administration are…
How can I record a foreign probate will to transfer property in North Carolina? – North Carolina Short Answer In North Carolina, you can record a will that was already probated in another state by filing an authenticated (certified or exemplified) copy of the will and the foreign probate order with the Clerk of Superior…
Do I need to open ancillary probate in another state to obtain letters of administration for a vehicle titled in North Carolina? – North Carolina Short Answer No. If the vehicle is titled in North Carolina and the decedent was domiciled here, letters of administration are issued by the Clerk of Superior Court in the…
What documents do I need to file when a will is probated in another state but property is here? – North Carolina Short Answer File an authenticated (certified or exemplified) copy of the will and the complete foreign probate order/proceedings with the Clerk of Superior Court in the North Carolina county where the property is…
