FAQ 1: What should I expect during my initial call with a North Carolina probate attorney’s office? When you first call a probate attorney’s office in North Carolina, you’ll speak with a member of the legal team who will gather basic facts about the decedent’s estate. This preliminary conversation helps the attorney determine whether they…
How Can I Obtain and Probate a Decedent’s Will in Wake County When the Drafting Attorney Refuses to Provide a Copy? When a retired attorney holds the only known copy of your grandfather’s will, you face two issues: securing the will and then officially admitting it to probate in Wake County (Raleigh). North Carolina law…
FAQ 1: How does a North Carolina personal representative identify and secure insurance coverage for a decedent’s accident claim? When someone dies because of an accident, the personal representative (PR) of the estate must act promptly to locate and collect all available insurance proceeds. In Wake County—and every county in North Carolina—the PR’s duty to…
FAQ: How Do I Open an Intestate Estate in North Carolina When the Decedent Had No Will? When someone dies without a will in North Carolina, their estate passes by intestacy under Chapter 28A of the North Carolina General Statutes. To administer an intestate estate—like the one in Stanford County involving a small bank account,…
Can I sell inherited real property as executor when the will doesn’t direct its sale? As personal representative appointed by the Wilson County Clerk of Superior Court, you hold specific powers under North Carolina law. N.C. Gen. Stat. § 28A-18-16 authorizes sale of real estate only to satisfy estate debts or when the will expressly…
FAQ 1: How Can an Executor Obtain Missing 1099 Forms for a North Carolina Estate? As personal representative of an estate in Durham County or elsewhere in North Carolina, you must gather all of the decedent’s income information to prepare estate and final individual income tax returns. A common stumbling block arises when a financial…
1. How Do I Petition for Surplus Funds After a Foreclosure Sale in North Carolina? In North Carolina, when a foreclosure sale generates more than the debt owed, the clerk holds the excess (“surplus funds”). Under N.C. Gen. Stat. § 45-21.38, you must file a special proceeding to claim these funds. Typically, the clerk requires…
FAQ 1: How Can I, as a Named Beneficiary, Access a Deceased Person’s Bank Account in North Carolina? When someone dies and names you as beneficiary on a payable-on-death (POD) or “in trust for” bank account, those assets pass outside of formal probate. Most North Carolina banks will only require two things: a certified copy…
FAQ 1: How Can I Keep an Inherited Home Out of Foreclosure During Probate in Wake County, North Carolina? When someone dies without a will in Wake County, their real property passes by intestate succession under N.C.G.S. § 29-14. As an heir, you inherit both title and responsibility for carrying costs. If the decedent’s home…
How Do I Open an Intestate Estate in Weaverville (Buncombe County), North Carolina? If someone dies without leaving a valid will in North Carolina, they’re said to have died “intestate.” Under N.C. Gen. Stat. § 28A-2-1 and following, their estate passes to heirs in a defined order. In Buncombe County—or wherever the decedent lived—you must…
