North Carolina Probate FAQ — Serving as Personal Representative Short Answer In North Carolina, an heir applies to serve as the personal representative by filing a sworn Application for Letters with the Clerk of Superior Court in the county where the decedent lived, supplying the death certificate, an estimate of the estate’s value, and any…
Detailed Answer When a North Carolina resident dies intestate—meaning without a valid will—the North Carolina Intestate Succession Act (Chapter 29 of the N.C. General Statutes) decides who receives the estate. If the decedent leaves no surviving spouse and three living children, the law divides the probate estate equally among those children. Key Statutes G.S. 29-15 –…
North Carolina Slayer Statute: How Killing the Decedent Stops an Heir From Inheriting Detailed Answer North Carolina’s “Slayer Statute” (N.C. Gen. Stat. § 31A-4 through § 31A-15) prevents a person who wilfully and unlawfully kills another from receiving any financial benefit from the victim’s death. In probate terms, the killer—called the “slayer”—is treated as though…
How Title Transfers for an Inherited Home With No Will and Multiple Heirs in North Carolina Detailed Answer 1. Intestate Succession Sets the Starting Point When someone dies without a will, North Carolina’s Intestate Succession Act (Chapter 29) decides who inherits. The statute creates a priority list—spouse, children, parents, siblings, and so on. If more than…
Co-Owner Rights When One Heir Wants to Live in the Inherited Home and Another Wants to Sell Quick Answer In North Carolina, heirs who take title to real estate through probate usually hold the property as “tenants in common.” Each tenant in common has the same basic rights: (1) equal access to the whole property,…
Medicaid Estate Recovery in North Carolina: Step-by-Step Guide for Heirs Detailed Answer When a North Carolina resident received Medicaid benefits after age 55, the State must try to recoup those costs from the person’s probate estate after death. This process is called Medicaid Estate Recovery and is carried out by the Division of Health Benefits…
Medicaid Hardship Waiver in North Carolina – Protecting an Inherited Home from Estate Recovery Detailed Answer When a North Carolina Medicaid recipient dies, the State may seek reimbursement for the cost of that person’s care through the Estate Recovery Program (ERP) under N.C. Gen. Stat. § 108A-70.5. The claim attaches to any assets that pass…
Detailed Answer Yes. North Carolina law lets an interested party challenge the clerk of superior court’s order that removes or suspends a personal representative (executor or administrator). The process is two-tiered: Appeal from the clerk to a superior court judge. Most probate matters, including removal, are first heard by the clerk of superior court acting…
Detailed Answer North Carolina calls the people who inherit from someone who died without a will “intestate heirs.” You find those heirs by walking through the family tree with the rules in Chapter 29 of the North Carolina General Statutes. Follow the steps below, and you will know exactly who is legally entitled to your…
Detailed Answer To see what assets remain in a North Carolina estate after paying debts, taxes, and court costs, the personal representative (executor or administrator) must follow the accounting roadmap set out in Chapter 28A of the North Carolina General Statutes. Below is a step-by-step explanation in plain English. 1. Inventory every probate asset. Within…
