Why is a Title Search Essential in Probate Matters? A title search plays a critical role during probate administration. It verifies that the legal title to real property is clear and unchallenged by liens, unpaid taxes, or other encumbrances. In North Carolina, ensuring a clean title protects the interests of heirs and administrators, which is…
How Can I Establish Sole Ownership of an Inherited Property in North Carolina? In North Carolina, establishing sole ownership in an inherited property can be challenging, especially when the property is classified as heir property. When a deceased relative, such as a grandmother, dies intestate – without a will – the property is distributed to…
What Happens to Estate Proceeds from a Property Sale During Probate? In North Carolina, when a property sale is completed during probate, the proceeds are typically deposited with the clerk of court and held in a segregated fund similar to a trust. The court oversees this process to ensure that all fees, expenses, and creditor…
Why Must I Open a Probate Estate After a Parent’s Death in North Carolina? Opening a probate estate is an essential process in North Carolina when a parent dies without a will. A probate proceeding legally appoints an administrator to manage the deceased’s assets and debts. In our discussion, the need to establish proper authority…
Do I Need a Partition Action if My Property is Held as Tenants by the Entirety? In North Carolina, property acquired during marriage and held as tenants by the entirety typically transfers in full to the surviving spouse. This deed form inherently protects the surviving spouse’s interest and often negates the need for a partition…
What is a Spousal Allowance in Probate and How Is It Affected by Attorney Commissions? In North Carolina probate cases, a spousal allowance is a monetary benefit granted to the surviving spouse to cover necessary living expenses during the estate administration. In our discussion, the issue arose when the timing of the spousal allowance was…
How Can I Challenge a Will and Prevent the Sale of My Inherited Property? In North Carolina, a will generally controls estate distribution once it is properly admitted to probate in the county – for example, in Randolph County. If you believe that the terms of a will do not accurately reflect your family’s intentions…
What Is Ancillary Probate in North Carolina and When Is It Needed? Ancillary probate is a legal process used when the decedent owned property located in North Carolina, but resided out of state or when other assets are handled in another jurisdiction. In North Carolina, ancillary probate helps secure the proper administration of real property…
What Is a Partition Action and How Can It Help Divide Inherited Property in North Carolina? A partition action may be the best legal avenue if you inherit property that you wish to divide from co-heirs. In North Carolina, a partition action allows an interested party to request a court‐ordered division of property. This legal…
What happens if a personal representative fails to file the required estate inventory? In North Carolina, a personal representative must file a complete estate inventory within three months after qualification. Failure to meet this statutory deadline can result in the court holding the representative in contempt. The inventory is essential to account for all assets…
