Can I Work with a North Carolina Probate Attorney If I Live Out-of-State? Yes. North Carolina law allows a licensed NC attorney to represent clients regardless of their physical location. Under N.C. Gen. Stat. § 84-2.1, only attorneys admitted to practice in NC may handle NC probate matters. Once you retain counsel, you and your…
FAQ 1: What Is an Elective Share in North Carolina and How Do I File One? Under North Carolina law, a surviving spouse may choose to claim an elective share instead of accepting what a will or intestacy statute provides. The elective share ensures a spouse receives a statutory minimum—one-third of the decedent’s “total net…
When can I use North Carolina’s Small Estate Affidavit if the only asset is real property? North Carolina’s Small Estate Affidavit allows heirs to collect assets worth less than $20,000 without full probate. However, real property never qualifies for this simplified procedure. Under N.C.G.S. § 28A-18-2, a small estate affidavit applies only to personal property…
FAQ 1: When Can Heirs Sell Inherited Real Property in North Carolina? Under North Carolina law, heirs cannot market or transfer clear title to real estate inherited through a decedent until they satisfy one of two requirements: either wait two years from the date of the decedent’s death or complete a formal probate administration. N.C.G.S.…
How Do I Contest a Will by Filing a Caveat in Iredell County, North Carolina? If you believe a will admitted for probate in Iredell County (Statesville) does not reflect the true intent of your loved one, you can file a “caveat” to formally challenge that probate. Under North Carolina law, a caveat lets the…
How Does a Mortgage Affect the Probate and Sale of Inherited Real Estate in Alamance County, NC? When you inherit real property in North Carolina, the estate’s debts travel with the title. Under N.C. Gen. Stat. § 28A-18-2, your letters of administration or letters testamentary empower you to collect assets and pay obligations, including mortgages.…
1. What information and documents should I gather before my initial call with a North Carolina probate attorney? Before speaking with a probate attorney, gathering key documents speeds the intake process. In North Carolina, probate attorneys base their advice on the decedent’s assets, family situation and whether a valid will exists. You should assemble the…
FAQ 1: Do stepchildren inherit under North Carolina intestacy laws? Under North Carolina’s intestacy statutes, only blood relatives and legally adopted children qualify as heirs when someone dies without a will. Stepchildren are not “descendants” under NC Gen Stat § 29-14 and § 29-15 and therefore do not inherit by default. The law ranks heirs…
FAQ 1: Do I need an attorney licensed in the state where inherited real property is located? When you inherit real property in another state, you must comply with that state’s probate and real estate rules. If the decedent died owning land in South Carolina, for example, South Carolina law governs contracts to sell, closing…
1. How Do I Open an Intestate Estate in Wayne County, NC, When Someone Dies Without a Will? When a North Carolina resident passes away without a valid will, you must open an intestate estate in the county where they lived. In your case, that’s Wayne County. North Carolina’s intestacy statutes (N.C. Gen. Stat. §…
