How do I open an intestate estate in McDowell County when my relative dies without a will? When someone dies without a valid will in North Carolina, the decedent’s assets pass by intestate succession under N.C. Gen. Stat. § 29-14. In McDowell County, the process begins at the Superior Court clerk’s office in Marion or…
What are the proper steps for a personal representative to request reimbursement of estate expenses and real property carrying costs in North Carolina probate? When you serve as personal representative in Wake County or any North Carolina jurisdiction, you may advance costs to preserve estate assets. General Statute § 28A-13-3 authorizes you to pay insurance,…
FAQ 1: How can an heir in Wake County stop foreclosure on an inherited home during probate? When a loved one’s home faces foreclosure while you administer or inherit through probate, time matters. In Wake County, North Carolina, a foreclosure attorney must hold a hearing before entering an order of sale. Until the judge signs…
How can I locate a will and initiate probate in Kingston, North Carolina? When a loved one dies in Kingston, North Carolina, the first step is to determine whether they left a will. Under North Carolina law, anyone in possession of the decedent’s last will must lodge it with the clerk of superior court in…
FAQ 1: Do I Have to Pay Probate Attorney Fees Upfront and Can I Be Reimbursed from the Estate? In North Carolina, attorneys generally require a retainer before beginning probate work. You sign a retainer agreement and pay initial fees out of pocket. Once a personal representative is officially appointed and estate assets become available,…
What steps should a personal representative take when Medicaid Estate Recovery omits estate real property from its satisfaction of claim? When Medicaid Estate Recovery files a satisfaction of claim but omits estate real property—even though it held a valid lien—you must act promptly to protect heirs and assets. Under North Carolina law, Medicaid may recover…
Probate FAQs – Pierce Law Group Q1: I just turned 18 and I’m the sole heir in an intestate estate that my uncle opened. What changes now? Under North Carolina law, minors cannot bind themselves to contracts or manage an estate. Once you turn 18, you gain full legal capacity to control your inheritance. However,…
What Is an Elective Share Claim and How Does a Standstill Order Affect Estate Distributions in North Carolina? When a decedent’s will or intestate succession plan leaves a surviving spouse with less than one-third of the estate’s net value, North Carolina law grants an “elective share” to the spouse. Under N.C. Gen. Stat. § 30-3.1,…
FAQ 1: What Happens When Estate Real Property Faces Foreclosure During Probate in Wake County? When a decedent’s real property carries an existing mortgage or liens, the probate court may authorize its sale to satisfy estate debts. In Wake County, the clerk can approve a § 28A-15-1 sale of real estate “whenever it becomes necessary”…
Can an Executor Sell Inherited Real Estate Without Co‐Heirs’ Consent When the Will Directs a Sale? In North Carolina, a personal representative (executor) derives authority to administer estate assets from the will and from statute. N.C. Gen. Stat. § 28A-15-3 authorizes a personal representative to collect, manage, and liquidate estate property. If a will clearly…
