Category Archives: Probate Q&A Series

Can a probate commissioner force me to surrender keys to a property that’s still in a special sale proceeding?: North Carolina probate law on commissioners, possession, and keys

Can a probate commissioner force me to surrender keys to a property that’s still in a special sale proceeding? – North Carolina Short Answer Not by themselves. In North Carolina, a court-appointed commissioner conducts the sale, but they generally need a court order to take possession or make you hand over keys. The Clerk of…

Can I recover my statutory spouse’s allowance when my husband died without a will?

Can I recover my statutory spouse’s allowance when my husband died without a will? – North Carolina Short Answer Yes. In North Carolina, a surviving spouse is entitled to a $60,000 year’s allowance from the decedent’s personal property, even if the decedent died without a will. If you received less than the full amount or…

How do I enforce a verbal gift of a home or prove my right to live there for life?: North Carolina

How do I enforce a verbal gift of a home or prove my right to live there for life? – North Carolina Short Answer In North Carolina, rights in land (like a life estate) generally must be in writing, but courts can enforce an oral promise in equity if you prove a clear promise, possession,…

What process determines how sale proceeds are divided among heirs and third-party claimants?: North Carolina probate

What process determines how sale proceeds are divided among heirs and third-party claimants? – North Carolina Short Answer In North Carolina, a court-supervised judicial sale determines how real estate sale proceeds are divided when an estate needs cash to pay debts. The court applies proceeds first to sale costs and liens, then to valid estate…

How can I get the court to approve the sale of my inherited home even though others claim an interest?: Practical steps under North Carolina probate

How can I get the court to approve the sale of my inherited home even though others claim an interest? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) can ask the Clerk of Superior Court for an order to sell estate real estate when sale proceeds are needed to…

What steps can I take to challenge a home improvement claim filed by non-heirs?: North Carolina probate guide

What steps can I take to challenge a home improvement claim filed by non-heirs? – North Carolina Short Answer In North Carolina, non-heirs who say they paid for improvements are treated like creditors. You can challenge the claim by testing its timeliness and legal basis, demanding proof of actual, reasonable costs that increased the property’s…

How do I enforce distribution of estate assets when co-heirs are delaying the sale?: North Carolina

How do I enforce distribution of estate assets when co-heirs are delaying the sale? – North Carolina Short Answer In North Carolina, the personal representative (PR) can sell real estate to pay estate debts through a court-approved process, even if co-heirs object. The PR files a special proceeding with the Clerk of Superior Court (venue…

Can I recover personal items like my father’s truck and tools from the estate before or after sale?: North Carolina probate rules

Can I recover personal items like my father’s truck and tools from the estate before or after sale? – North Carolina Short Answer In North Carolina, the personal representative (PR) controls a decedent’s personal property and must protect it for creditors and heirs. You generally cannot remove items like a vehicle or tools until the…

Can I serve as the sole estate administrator without my sibling’s signature?: North Carolina probate answer

Can I serve as the sole estate administrator without my sibling’s signature? – North Carolina Short Answer Yes—under North Carolina law, one sibling can be appointed as the sole administrator even without the other sibling’s signature. If your sibling won’t sign a renunciation, the Clerk of Superior Court can still appoint you after required notice…

Will a house sale go through if no probate was done when the co-owner passed away?: North Carolina

Will a house sale go through if no probate was done when the co-owner passed away? – North Carolina Short Answer In North Carolina, if a deed lists co-owners without survivorship rights, the deceased co-owner’s share did not pass to the survivor. It passed at death to the decedent’s heirs or to the person named…