Category Archives: Probate Q&A Series

How do I decide whether to open my father’s estate in Pennsylvania or North Carolina based on his residency records, tax filings, and other identifying documents?

Should I Open the Probate Estate in North Carolina or Pennsylvania? Determining the proper jurisdiction for probate is critical. In North Carolina, the personal representative must file the probate estate in the county where the decedent was domiciled at the time of death. Even if a North Carolina driver’s license is the only indicator of…

What legal options are available to modify or remove an easement agreement on a property with lifetime rights when subsequent property division imposes unexpected financial burdens?

How Does a Property Division or Sale Affect Existing Easement Rights? When a property that has had easement agreements recorded during a purchase or transfer is divided or sold, existing easement rights may be impacted. In North Carolina, the terms of the easement are usually set forth in the deed and related documents. For example,…

When is it necessary to open a full probate estate, and how does the value of assets—such as a high-priced vehicle—affect this decision?

Do I Need to Open a Full Probate Estate for an Estate Consisting Solely of Vehicles? In North Carolina, even an estate consisting primarily of vehicles can require the formal probate process if the total fair market value exceeds the small estate threshold. When assets – such as vehicles – are the only holdings, their…

How can I legally transfer or salvage vehicles when the titles are registered out-of-state and my deceased parent died without a will?

Do I Need to Open a North Carolina Probate Estate When the Deceased’s Vehicles Are Titled in NC? When a decedent’s assets such as vehicles are titled in North Carolina, opening a probate estate in NC is typically required to legally transfer or re-title those assets. Even if the decedent passed away in another state,…

Should I hire a probate attorney to handle estate and wrongful death settlement matters, or can I complete the process myself?

Can I File Probate Forms Without an Attorney? In North Carolina, you may file probate forms on your own. Many individuals consider representing themselves for routine filings if they receive the forms from the local court, as was discussed by a potential client. Although you can complete and submit the paperwork without an attorney, navigating…

Can I legally change the locks on a property I co-own without risking a breaking and entering charge?

Can I Change the Locks on a Property I Own Without Facing Breaking and Entering Charges? In North Carolina, if you are a property owner, you generally have the right to change the locks on your home. When you legally own the property—even when ownership is shared as in a tenancy by the entirety or…

How do I begin the probate process for a property when the will designates multiple heirs, and I am the only surviving child?

What Are My Initial Steps for Probate Administration When I Am the Only Surviving Heir? When you are the sole surviving child and need to administer an estate in North Carolina, your first step is to gather all the necessary documents. Start by locating your father’s original will, death certificate, and any supporting documents that…

How can I obtain the name of the county’s current public administrator for probate matters?

What Is a Public Administrator in North Carolina Probate Cases? In North Carolina, a public administrator is appointed by a county when there is no qualified person available to serve as an estate administrator. The role of the public administrator is to manage and distribute the decedent’s estate in accordance with state law and court…

How do multi-state issues and conflicting legal opinions affect whether escrow funds from a failed property purchase should be processed through probate?

Do I Need to Open Probate to Address Escrow Fund Disputes in North Carolina? When escrow funds become the subject of dispute after a decedent’s passing in North Carolina, opening a probate estate is generally the best course of action. In cases where funds in escrow are connected to a property purchase and there is…

Do I need to open an ancillary probate in North Carolina for disputed escrow funds when my father’s estate is being probated in Arizona?

Do Escrow Funds in North Carolina Require Probate If They Originate from an Out-of-State Estate? In North Carolina, funds held in escrow that originate from an out-of-state estate may not require the traditional probate process. For example, if disputed funds are held by the clerk (such as in Onslow County), and these funds stem from…