Does a Will Become Invalid if the Testator Cannot Read or Write? In North Carolina, a will must satisfy specific statutory requirements to be valid. Although literacy is not a disqualifier on its own, the testator must understand the nature of the document they sign. North Carolina law requires that the will be written, signed…
How Is a Decedent’s Domicile Determined for Probate in North Carolina? Determining a decedent’s domicile is crucial for opening probate in North Carolina. The domicile is defined as the place that the decedent regarded as their true, fixed, and permanent home. In many cases, the address shown on a driver’s license or tax return can…
Probate FAQ – Inadvertent Partnership Issues & Inherited Property Tax Concerns in North Carolina FAQ 1: How Can I Extricate Myself From an Unintended Partnership Arising From Inherited Property? Answer In North Carolina, simply inheriting property does not automatically create a partnership. A partnership usually requires an express or implied agreement, or conduct that clearly…
What Assets Must Be Included in a North Carolina Probate Estate? In North Carolina, you must list all property that the decedent owned in their name at the time of death. Assets with titles bearing the decedent’s name, such as vehicles or bank accounts, become part of the probate estate. When a vehicle or other…
What Assets Are Subject to Probate in North Carolina? In North Carolina, the assets that become part of a probate estate are generally those owned solely by the decedent at the time of death. Probate law determines that property titled in the decedent’s name must be administered by the personal representative for proper distribution among…
What Is a Partition Action in North Carolina Probate? A partition action is a legal process for dividing or selling real property when co-owners cannot agree on how to manage or dispose of the asset. In North Carolina, partition actions are commonly used when inherited property is jointly owned by family members and disagreements arise…
What Is General Guardianship in North Carolina and How Does It Work? In North Carolina a general guardianship is a court‐ordered role that gives a guardian the responsibility to make decisions regarding a ward’s personal, health, and financial matters. When a court finds that an adult is unable to care for themselves, it may appoint…
Do I Have to Be Physically Present in North Carolina to Sign Probate Documents? Many individuals worry that appearing in person in North Carolina is required for completing probate documents. In fact, if you reside in another state—such as Ohio—you can often complete many of your probate tasks remotely. Under North Carolina law, you may…
Why Can’t I Sell an Inherited House Immediately After a Death? In North Carolina the transfer of title upon a death can occur immediately. However, selling the property is not always as straightforward. Although the title transfers automatically, issues such as outstanding creditor claims, unresolved estate debts, or pending probate petitions must be addressed. In…
What Options Do Heirs Have When Selling Inherited Property Without a Will in North Carolina? When a decedent dies intestate in North Carolina, the property is divided equally among the heirs as dictated by North Carolina’s intestate succession laws (NC GS Chapter 29). In cases where multiple siblings inherit a property that is too small…
