How Do I File a Special Proceeding to Sell Estate Real Property in North Carolina? Filing a special proceeding under Chapter 28A of the North Carolina General Statutes lets co-owners or personal representatives ask the clerk of superior court to order the sale of estate realty when heirs cannot agree on use or division. In…
Can I Require Another Heir to Pay My Attorney’s Fees in a Partition Action? In North Carolina, a partition action under N.C. Gen. Stat. §46-1 [ncleg.gov] lets co-owners divide or sell inherited real property. Each party normally pays its own legal fees. The court may award “costs and expenses incidental to the partition,” but that…
What duty does a North Carolina personal representative have to negotiate SBA and other creditor claims in a probate estate? Under North Carolina law, a personal representative (sometimes called an executor or administrator) must discharge valid claims against the estate in the order set out by statute. In particular, G.S. 28A-15-3 through G.S. 28A-15-5 list…
What Should I Expect During My Initial Call with a North Carolina Probate Attorney’s Office? When you reach out to a probate attorney’s office in Wake County or anywhere in North Carolina, the goal of the initial call is to gather key information so the attorney can advise you accurately. You will usually speak with…
What Is an Estate Advance (Early Distribution) in North Carolina Probate? An estate advance—often called an early distribution—lets heirs receive funds from a probate estate before final settlement. In North Carolina, heirs may face delays waiting on petitions for fees, reimbursements, creditor notices, and formal accounting. An early distribution can ease financial pressures by advancing…
How do I properly name parties and include lien-holders when petitioning to sell estate real property in North Carolina? Under North Carolina law, you must file a special proceeding to sell estate real property under Chapter 28A, Article 19 of the General Statutes. NCGS § 28A-19-1 requires you to name the personal representative (PR) both…
FAQ 1: How Can I Retain an Inherited Home in Probate without Selling It to Settle Creditor Claims? When a North Carolina resident dies, all of the decedent’s debts must be addressed before distributing any assets. Real property, like a family home, often carries significant creditor claims such as mortgages, medical bills or credit-card balances.…
How do I file a special proceeding to sell estate real property in North Carolina and negotiate carrying cost reimbursements? When co-owners or heirs cannot agree on what to do with inherited real estate, North Carolina law lets you open a special proceeding in superior court to sell that property. You file this petition in…
Can I Relocate Estate Vehicles to Another Property When the Real Property Faces a Deed of Trust or Foreclosure? If you serve as personal representative for an estate that owns vehicles parked at a mortgaged address, you may worry about losing access when the lender enforces its deed of trust. For example, in Knightdale (Wake…
