Can a West Virginia–executed will and health care power of attorney be admitted for probate and decisions in North Carolina? When someone moves or dies owning a will and health care power of attorney (HCPOA) drafted in West Virginia, North Carolina law allows admission if the original documents meet our basic execution requirements. Under N.C.…
How Does a Personal Representative Schedule an Appraisal and Handle the Sale of Household Furnishings and Farm Equipment in North Carolina Probate? When you serve as personal representative in a North Carolina probate estate, you must safeguard, appraise, and—when authorized—sell estate assets. Under N.C. Gen. Stat. § 28A-14-1, you must “take into possession and preserve…
Can I use a mortgage loan against inherited real estate to pay creditors and buy out my co-heir in Wake County, NC? When you inherit real property with a co-heir in Wake County, you may face creditor claims before you can transfer full title or close the estate. North Carolina law allows the personal representative…
What steps are required to open an intestate estate in Buncombe County, North Carolina? When someone dies without a valid will in Buncombe County, you must open an intestate estate under North Carolina law (G.S. 28A-6-1). The Clerk of Superior Court for Buncombe County handles all initial filings. First, identify the proper person to serve…
How do I petition for surplus funds after a foreclosure sale in North Carolina? When a foreclosure sale generates funds in excess of the outstanding debt, North Carolina law allows heirs or interested parties to claim that surplus. Under N.C. Gen. Stat. § 45-21.37 (https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_45/GS_45-21.37.html), you must file a petition with the clerk of court…
FAQ #1: What happens to real property when someone dies without a will in North Carolina? In North Carolina, if a decedent dies intestate (without a will), their real property becomes part of the probate estate administered under Chapter 28A of the North Carolina General Statutes. A family member or other interested person must file…
Can My Co‐Owner Sell Our Property Without My Consent in Yadkin County, NC? When two people co‐own land in North Carolina—including a home place in Yadkin County—each holds an undivided share of the title. North Carolina law treats most co‐ownerships as “tenants in common,” meaning each co‐owner may use the entire parcel but cannot convey…
FAQ 1: What rights do I have as a co-heir when a sibling controls access to inherited property and refuses to cooperate? If your mother died intestate (without a will) and your stepfather held a life estate, North Carolina law treats the property as part of the probate estate when he died. Under N.C.G.S. §…
How Do I Open an Intestate Probate Estate and Access My Father’s Bank and Retirement Accounts in Onslow County? When your parent dies without a will, you must open an intestate estate in the county where they lived. In Onslow County, you begin by filing an Application for Letters of Administration with the Clerk of…
FAQ: How do I use a North Carolina small estate affidavit to transfer title of a deceased parent’s trailer? If your mother died without a will or trust and her only North Carolina asset is a travel trailer worth less than $20,000, you can transfer title through North Carolina’s small estate process rather than a…
