How do I petition the court for reimbursement of attorney fees from an estate in Wake County, NC? When you’re administering an estate in Wake County, you may find yourself paying legal fees out of pocket before the personal representative can seek reimbursement from estate assets. North Carolina law allows a personal representative, or interested…
FAQ 1: What should I do when my probate commissioner delays filing a report and how does that affect the distribution hearing? Under North Carolina law, a probate commissioner reviews and reports on estate assets before heirs receive distributions. The court appoints the commissioner under G.S. 28A-15-2. By statute, the commissioner must examine the estate…
FAQ 1: How do I petition for surplus funds after a foreclosure sale of a deceased family member’s property in Pic County, North Carolina? North Carolina law allows anyone entitled to surplus funds from a foreclosure sale to file a “Petition to Determine Ownership of Surplus Funds” in the clerk’s office of the superior court…
FAQ 1: How Do I Open an Intestate Estate in Onslow County When a Loved One Dies Without a Will? If your grandmother (or any relative) died in Jacksonville—Onslow County—without a valid will, North Carolina law (GS 28A-7-2) generally directs distribution to heirs by blood or adoption. You must open an intestate estate to get…
FAQ: How Do I Locate and Verify a Decedent’s Bank Accounts and Life Insurance Policies in North Carolina Probate? As personal representative, North Carolina law requires you to identify and secure all estate assets. N.C. Gen. Stat. § 28A-13-3 directs you to inventory and appraise property in your custody. That includes bank accounts, brokerage accounts,…
FAQ 1: Do I Need to Open Probate for Both a Parent’s Estate and Their Child’s Estate When They Die Days Apart in North Carolina? When two family members die within days of each other, you may wonder whether to open separate estates or handle everything in one probate. In your case, Kathleen passed on…
FAQ 1: How do I access a deceased person’s bank accounts, safe deposit box, and life insurance policy when they die without a will in North Carolina? When someone dies without a will (intestate) in North Carolina, some assets still pass outside probate and others require probate administration. Bank accounts titled “Payable on Death” (POD)…
Why must a personal representative secure signed receipts before distributing estate assets in North Carolina? In North Carolina probate, a personal representative cannot simply write checks and assume beneficiaries agree to the distribution. Before you send funds or transfer property, you must obtain a written receipt from each heir or devisee. Under N.C. Gen. Stat.…
1. What steps does North Carolina law require to exhume and transfer a loved one’s remains to another state? In North Carolina, human remains become personal property of the decedent’s estate upon burial. Under N.C. Gen. Stat. § 28A-1-1(12), personal property includes everything that is not real property, which explicitly covers interred remains. Before you…
What information and documents should I provide during my initial call with a North Carolina probate attorney? When you call to discuss an estate matter—whether it’s opening probate for a loved one in Wake County or elsewhere in North Carolina—being prepared helps your attorney answer your questions and plan next steps. North Carolina General Statutes…
