What is the process to buy out my siblings’ shares in my parent’s North Carolina house instead of selling it through probate? — North Carolina Short Answer In North Carolina, you can buy out your siblings’ shares if the estate does not need the house to pay debts and the personal representative joins the deed…
How do I file a partition action or petition for sale of inherited real estate when some heirs are minors? — North Carolina Short Answer In North Carolina, a partition case is a special proceeding filed with the Clerk of Superior Court in the county where the land sits. When any co-owner is a minor,…
Can I ask the court to appoint a guardian ad litem for minor heirs before selling inherited land? — North Carolina Short Answer Yes. In a North Carolina partition proceeding, the Clerk of Superior Court can— and when a minor co-owner is unrepresented generally must—appoint a guardian ad litem (GAL) to protect the minor’s property…
What steps are needed to get court approval for selling a home inherited by co-owners including minors? — North Carolina Short Answer In North Carolina, you usually file a partition special proceeding with the Clerk of Superior Court asking for a sale of the property instead of a physical split. When minors co-own an interest,…
How can I force a sale or division of a family land parcel I’ve owned with my multiple siblings and their children? — North Carolina Short Answer In North Carolina, any co-owner (tenant in common or joint tenant without survivorship) can file a partition proceeding to either physically divide the land (partition in kind) or,…
What should be included when I file a year’s allowance petition in North Carolina? — North Carolina Short Answer In North Carolina, a basic year’s allowance is usually requested with a court form, but a “petition” is used when you seek more than the standard amount ($60,000 for a surviving spouse or $5,000 for an…
What is the process for filing a partition lawsuit when co-owners can’t agree on dividing the property? — North Carolina Short Answer In North Carolina, a partition case is a special proceeding started with the Clerk of Superior Court in the county where the land sits. The clerk determines who owns what, then either (1)…
What steps should I take to handle my mother’s estate in North Carolina? — North Carolina Short Answer Start by determining whether you need full probate or if a simplified option fits. If a will exists, file it with the clerk of superior court in the county where your mother lived, and apply to be…
How do I switch to a small estate process if I hit the $60,000 year’s allowance cap in North Carolina? — North Carolina Short Answer After the $60,000 spousal year’s allowance is set, you can use North Carolina’s small estate options if the decedent’s remaining personal property fits the limits. Collection by affidavit is available…
What happens if the original will gets lost or damaged in the mail on its way to the courthouse? — North Carolina Short Answer North Carolina can admit a lost or damaged will to probate, but you must prove specific facts to the clerk. If the original cannot be used, you may ask the court…
