When can I use a North Carolina Small Estate Affidavit to collect bank accounts under $20,000? Detailed Answer If a loved one dies owning less than $20,000 in personal property located in North Carolina, you may be able to use a Small Estate Affidavit instead of full probate. The Small Estate Affidavit process lets certain…
How to Enter Estate Property and Retrieve Your Personal Belongings Under a North Carolina Probate Court Order 1. Detailed Answer When someone dies in North Carolina, their property often remains in a home, storage unit, or other location. If you’re an heir, beneficiary, or someone else entitled to reclaim your own personal items, North Carolina…
Detailed Answer Administering an estate in North Carolina requires personal representatives to satisfy creditor claims and protect real property in a timely and lawful manner. Follow these steps: Obtain Letters of Administration. File a petition in the clerk’s office of the superior court to be appointed as personal representative. Once the clerk issues letters testamentary…
How do I probate a handwritten will and handle a reverse mortgage on inherited property in North Carolina? Detailed Answer When you inherit property under a handwritten (holographic) will in North Carolina, you must first admit that will to probate so the court can appoint someone to manage the estate and pay debts, including any…
Can a handwritten (holographic) will override tenancy by the entirety to transfer half of a marital home in the State? Understanding Holographic Wills and Tenancy by the Entirety Under North Carolina law, a holographic will—one written entirely in the testator’s own handwriting without witnesses—does not meet the formal requirements for a valid will. The North…
Detailed Answer When a loved one dies without alerting you or sharing their estate plan, North Carolina law still gives you pathways to discover any existing will and to catalog all assets—both probate and non-probate. As personal representative (also called executor or administrator), you have a duty to locate the will, gather information about the…
How to Open an Intestate Estate in North Carolina to Pursue a Wrongful Death Claim Detailed Answer When someone dies without a valid will in North Carolina, the state’s intestate succession laws govern how their estate passes to heirs. If you also need to bring a wrongful death action on behalf of the decedent, you…
How to Obtain Certified Copies of a Probated Will and Death Certificate in North Carolina Detailed Answer When someone dies, you often need certified copies of both the probated will and the death certificate for banking, estate administration, or legal matters. In North Carolina, each document comes from a different office and follows its own…
How to Open an Intestate Estate in North Carolina Detailed Answer When someone dies without a will in North Carolina, the court follows the rules of intestate succession under Chapter 28A of the North Carolina General Statutes. Intestate succession determines who inherits the decedent’s property and appoints a personal representative to administer the estate. 1.…
How Do I Open and Administer an Intestate Estate in North Carolina as Sole Heir with Mortgage and Debts? Detailed Answer When someone dies without a will (intestate) in North Carolina, its estate must pass through probate under Chapter 28A of the North Carolina General Statutes. As the sole heir and distributee, you have the…
