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…
What happens if we pay the back taxes on inherited land but aren’t listed as owners on the deed? — North Carolina Short Answer In North Carolina, paying delinquent property taxes on inherited land does not make you an owner, but you can usually get reimbursed or credited for necessary carrying costs like taxes in…
How do I find out who the rightful heirs are and who owns the property after my grandparent died? — North Carolina Short Answer In North Carolina, real estate that was not owned with a right of survivorship passes at death to the heirs (if there is no will) or to the devisees named in…
What is the process for recovering any surplus funds if the property is sold at a tax sale? — North Carolina Short Answer In North Carolina, if a tax foreclosure sale brings in more than what’s owed for taxes, interest, penalties, costs, and approved fees, the extra money (the “surplus”) is deposited with the Clerk…
How can I file a partition action in North Carolina to force the sale of my inherited interest in family land? — North Carolina Short Answer In North Carolina, any co-owner of real estate (a tenant in common) may file a partition action with the Clerk of Superior Court in the county where the land…
Can I ask the court to appoint a commissioner to handle a private sale to my buyer in a North Carolina partition action? — North Carolina Short Answer Yes. In a North Carolina partition case, the clerk of superior court can order a sale and appoint a commissioner to conduct it, and the court may…
Can I negotiate a buyout of my share with a co-owner instead of going to court for partition in North Carolina? — North Carolina Short Answer Yes. North Carolina law allows co-owners to make a private buyout agreement at any time and avoid a court-ordered partition. If a partition case is already filed, you can…
How do I get the court to reconsider letters of administration and remove the administrator so I, as the sole heir, can be appointed? — North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to revoke the current administrator’s letters and appoint you by filing a verified petition in the…
How do I challenge the administrator closing my father’s joint bank account without notifying heirs? — North Carolina Short Answer In North Carolina, a personal representative (administrator or executor) may lawfully deal with bank accounts to collect and preserve estate assets and to pay claims. Heirs do not get advance notice of each transaction. If…
How can I review or correct missing or incorrect probate filings in my father’s estate? — North Carolina Short Answer In North Carolina, you can review the court’s estate file at the Clerk of Superior Court and ask the personal representative (executor/administrator) to correct errors or omissions. If that does not happen, you may file…
