FAQ 1: How can I recover my deceased mother’s missing personal property held by a family member? When you serve as the personal representative of an estate in North Carolina, you bear the duty to locate and secure all estate assets — including jewelry, credit cards, bank books or other personal items. If someone refuses…
Can I sign a warranty deed transferring inherited property during probate in Wake County? When someone dies leaving real estate, title to that property does not automatically pass to heirs until the estate is opened and a personal representative is appointed under N.C. Gen. Stat. § 28A-10-1. If you sign a warranty deed during probate,…
How can I retrieve personal belongings from a decedent’s home when an occupant refuses access under a North Carolina special proceeding? In a special proceeding under North Carolina law, a court may appoint a commissioner to sell real property when co-owners or heirs disagree. If one occupant refuses to allow others in to remove personal…
What information and documents should I provide during my initial call with a North Carolina probate attorney? When you contact a probate attorney in North Carolina, having key information ready helps us evaluate your situation and recommend next steps. Start by noting where the decedent lived—whether it’s Wake County (Cary), Mecklenburg County (Charlotte), or another…
1. What can I do if an executor distributes estate funds to someone not named in the will? Under North Carolina law, a personal representative owes a strict fiduciary duty to beneficiaries of the estate. That means you expect the executor to follow the will’s terms exactly. If your co-executor or sibling improperly disburses funds—such…
How do I open an intestate estate in Wake County when my loved one died without a will or beneficiary designations? When someone dies without a will or trust, North Carolina law treats them as “intestate.” Under N.C. Gen. Stat. § 28A-2-1, their estate passes to heirs based on a fixed priority order. If your…
Can Legal Aid Help Me Probate a Will in North Carolina? Many people search “legal aid probate” when they cannot afford private counsel. In North Carolina, nonprofit legal aid programs focus on necessity-based services—domestic violence, eviction defense, guardianships for indigent minors, and certain public benefits issues. Probate administration, including admitting a will, typically falls outside…
FAQ 1: Why Must All Heirs and Devisees Be Included in an Estate Lawsuit to Partition or Sell Real Property? When someone dies owning real estate in North Carolina, any lawsuit to partition or force a sale of that property must name every person with a legal interest. That includes beneficiaries named in the will…
What rights do co-executors have to access and remove their share of estate property when a co-executor blocks them in North Carolina? When a loved one passes away with a valid will admitted in Forsyth County, co-executors receive letters testamentary that empower them to manage estate assets together. Under North Carolina law, each co-executor holds…
How do I admit a filed will to probate in North Carolina: probate without qualification vs. full estate administration? In North Carolina, simply filing a will with the Clerk of Superior Court does not put it in effect. You must take additional steps under Chapter 28A, Article 6 of the North Carolina General Statutes. You…
