Category Archives: Probate Q&A Series

What steps can I take if a North Carolina probate commissioner delays filing a report before the distribution hearing?

What steps can I take if a North Carolina probate commissioner delays filing a report before the distribution hearing? Detailed Answer In North Carolina probate cases, the clerk of superior court plays a crucial role in supervising estate administration, including reviewing inventories, accounts, and petitions for distribution. North Carolina General Statute § 28A-21-2 governs petitions…

How do I petition the North Carolina Superior Court clerk for reimbursement of legal fees from estate assets?

How to Petition the North Carolina Superior Court Clerk for Reimbursement of Legal Fees from Estate Assets Detailed Answer When you act as personal representative of an estate, you may incur legal fees that the estate can reimburse if you follow the procedure set out in North Carolina law. Under N.C. Gen. Stat. §28A-23-4, you…

What steps can I take to challenge a false incompetency claim and recover my inheritance in North Carolina?

What steps can I take to challenge a false incompetency claim and recover my inheritance in North Carolina? 1. Detailed Answer When someone files a claim that a loved one lacks mental capacity, the court may appoint a guardian to handle that person’s affairs. You can take action to challenge a false incompetency claim and…

Do surviving spouses in North Carolina need to open probate to transfer a house held as tenants by the entirety?

Do Surviving Spouses in North Carolina Need to Open Probate to Transfer a House Held as Tenants by the Entirety? Detailed Answer In North Carolina, when a married couple holds real estate as tenants by the entirety, ownership automatically passes to the surviving spouse upon the death of the other spouse. You do not need…

What rights do North Carolina trust beneficiaries have to copies of a revocable living trust and enforcement options if refused?

What rights do North Carolina trust beneficiaries have to copies of a revocable living trust and enforcement options if refused? Detailed Answer Under North Carolina law, beneficiaries of a revocable living trust do not generally have a right to request and receive copies of the trust instrument while the trust remains revocable and the settlor…

How do I join a partition action and sell inherited property in North Carolina?

How do I join a partition action and sell inherited property in North Carolina? Detailed Answer When family members inherit real estate together, disagreements about use or division can arise. North Carolina law provides a partition action under Chapter 46 of the General Statutes. A partition action asks the court to divide or sell property…

What steps and documents are needed to open and administer an intestate estate in North Carolina?

What steps and documents are needed to open and administer an intestate estate in North Carolina? Detailed Answer When someone dies without a valid will in North Carolina, the law calls that person “intestate.” You must follow rules in Chapter 28A of the North Carolina General Statutes to open and administer the estate. You work…

How can I borrow against inherited real estate in North Carolina to pay creditors and buy out a co-heir?

How can I borrow against inherited real estate in North Carolina to pay creditors and buy out a co-heir? 1. Detailed Answer When you inherit real estate in North Carolina, it often carries debts and co-heirs’ interests. You can leverage that property to settle estate claims and arrange a buyout. The steps vary depending on…

How does a personal representative in North Carolina schedule an appraisal and sell household furnishings and farm equipment?

How a Personal Representative in North Carolina Schedules an Appraisal and Sells Household Furnishings and Farm Equipment Detailed Answer When someone passes away with assets in North Carolina, the court appoints a personal representative to manage and distribute the estate. Two common tasks are arranging an appraisal of personal property and selling household furnishings or…

Can a will and health care power of attorney executed in West Virginia be admitted for probate and decisions in North Carolina?

Can a will and health care power of attorney executed in West Virginia be admitted for probate and decisions in North Carolina? 1. Detailed Answer Admission of an Out-of-State Will in North Carolina Probate North Carolina law allows a will executed in another state to be admitted for probate here as long as it is…