Can I evict occupants who are remodeling the property without a valid title or lease? – North Carolina Short Answer In North Carolina, you cannot evict on your own just because the owner died. Only a court‑appointed personal representative (executor or administrator) with Letters from the Clerk of Superior Court has authority to control the…
How can I legally transfer title to the property when no one has taken ownership since the tenant’s death? – North Carolina Short Answer In North Carolina, a landlord can transfer title to a deceased tenant’s belongings in the rental unit by filing a specific affidavit with the Clerk of Superior Court. If no estate…
How do I find out if any heirs or family members are handling probate so I can transfer bills into their names? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court’s Estates Division in the county where the person lived at death can tell you if an estate has been opened…
What steps do I need to take to start a probate case for the decedent’s estate in North Carolina? Short Answer In North Carolina, you start probate by filing an application for letters (with or without a will) with the Clerk of Superior Court in the county where the decedent was domiciled. If no family…
What documentation is required to update the property deed after inheriting under a will? – North Carolina Short Answer In North Carolina, you generally update title by probating the will and then recording a certified copy of the probated will and the clerk’s Certificate of Probate in the county where the real estate is located.…
Do I need to open an estate case to record my inheritance if the will names me as sole beneficiary? – North Carolina Short Answer In North Carolina, you usually do not need a full estate administration to put inherited real estate in your name. If real property is the only asset to transfer, you…
How can I transfer inherited real property through a will without a full probate administration? – North Carolina Short Answer In North Carolina, you can transfer title to inherited real estate by probating the will without qualifying a personal representative and then recording a certified copy of the probated will in the county where the…
Can I use a small-estate procedure to change the deed into my name? – North Carolina Short Answer No. In North Carolina, the small-estate affidavit is for collecting and distributing personal property, not for transferring title to real estate. To update the deed when a will leaves you the property, you typically probate the will…
What steps do I need to file a will for record to clear title on inherited property? – North Carolina Short Answer In North Carolina, you must have the will admitted to probate (not just “filed for record”) to pass title to real property. If you do not need a full estate, you can probate…
What filings are required to complete administration, including inventory, accounting, final distribution, and tax returns? – North Carolina Short Answer In North Carolina, a personal representative must publish and serve notice to creditors, file a 90-day inventory, submit annual and/or final accountings with vouchers, pay valid claims in order, file required tax returns, and obtain…
