Probate FAQs – Pierce Law Group Probate FAQs: Opening an Intestate Estate and Duties of a Personal Representative in Vance County, NC 1. What steps do I need to open an intestate estate in Vance County, North Carolina? If your loved one died a resident of Vance County without a will, you must open an…
How Can I Remove a Co-Executor in North Carolina Probate When They Mismanage Estate Assets? If a co-executor blocks estate administration or misuses assets, you can ask the Superior Court Clerk in your county (for example, Wake County) to remove that personal representative for cause. Under North Carolina law, a personal representative must act impartially,…
FAQ 1: How Can Co-Heirs Fairly Negotiate a Buy-Out to Resolve an Estate Property Dispute in North Carolina? When multiple heirs inherit real property, one common way to avoid a contested partition action is through a negotiated buy-out. Under North Carolina law, co-owners share equal rights to occupy and use estate property (see N.C. Gen.…
FAQ: What happens when an estate’s debts exceed its assets in an intestate administration in North Carolina? When someone dies without a valid will in North Carolina, Chapter 28A of the General Statutes creates an “intestate” succession plan. Under N.C. Gen. Stat. § 28A-11-1, the court appoints a personal representative (sometimes called an “administrator”) according…
What Is a Written Consent to Appointment in McDowell County Probate, and Why Do I Need One? When someone dies in North Carolina, the clerk of superior court in the county where the decedent lived appoints a personal representative—sometimes called an executor if there’s a will—to administer the estate. Under N.C. Gen. Stat. § 28A-11-3,…
Why Are Witness Affidavits Required to Probate a Valid Will in Cleveland County, North Carolina? North Carolina courts require wills to meet strict formalities before issuing letters testamentary or letters of administration with the will annexed. Even when the will is otherwise valid—signed by the decedent and two competent witnesses—statutes require proof of those signatures…
How can I secure estate assets before official appointment as personal representative in Wake County, NC? When someone passes leaving real property, a vehicle, or other valuables, safeguarding those assets is critical. Under North Carolina law, once the decedent dies, the personal representative’s powers “relate back” to the date of death (N.C. Gen. Stat. §…
FAQ 1: How do I open an intestate estate in Wilkes County, NC, when assets have been transferred or sold? When someone dies without a valid will in North Carolina, their estate passes by intestate succession under N.C. Gen. Stat. § 28A-2-1. If your loved one held real property or bank accounts solely in their…
What Should I Know About Probate Attorney Fees and Billing in North Carolina? When you hire a probate attorney in North Carolina, you enter a fee arrangement governed by the Rules of Professional Conduct and state statutes. You must sign a written engagement agreement that describes hourly rates, flat fees or blended fees. The lawyer…
How are estate expenses like funeral costs, credit card debt, homeowners insurance, and property taxes allocated and reimbursed among co-executors in North Carolina probate? When someone dies in Wake County (or any North Carolina county) and co-executors administer the estate, they must identify, classify, and pay valid estate expenses before distributing any remaining assets. By…
