1. How do I file a special proceeding to sell estate real property in North Carolina? When a decedent’s debts exceed the liquid assets in a North Carolina probate estate, you must petition the clerk of superior court for a “special proceeding” to sell real property. Under G.S. 28A‑15‑2, part two property—typically real estate—may be sold…
What duty does a personal representative have to negotiate creditor claims like the SBA in a North Carolina probate estate? In North Carolina, a personal representative must follow the creditor‐claim procedures set out in N.C. Gen. Stat. § 28A‑14‑1. After obtaining Letters Testamentary or Letters of Administration from the Wake County Clerk of Superior Court, the…
What Is an Early Distribution and How Does a Receipt and Refunding Agreement Protect Heirs in North Carolina Probate? In North Carolina probate, heirs sometimes need access to their inheritance before the estate fully closes. An early distribution allows the personal representative to advance funds to beneficiaries under a receipt and refunding agreement. This contract…
FAQ 1: Can an Engaged Partner or Cohabitant Inherit Property When a North Carolina Resident Dies Intestate? If someone in Wake County (or any North Carolina county) dies without a will, North Carolina’s intestacy statutes determine who inherits. An engaged partner or co‑tenant who never married the decedent generally has no automatic right to inherit…
FAQ 1: Does a Separated Spouse Still Inherit in North Carolina If the Divorce Never Finalized? Under North Carolina intestacy law, a surviving spouse retains full inheritance rights unless a statutory bar applies. In your situation, the decedent and his wife separated more than a decade ago but never obtained a final divorce decree. Even…
How Can I Check the Status of My Grandmother’s Probate Estate in Mecklenburg County, NC? When a loved one passes, family members often wonder whether an estate remains in probate or if assets—including real property—have been sold. In North Carolina, county clerk of superior court offices maintain public records for all probate estates. To determine…
What Is an Early Distribution in North Carolina Probate and How Does a Receipt and Refunding Agreement Work? In North Carolina probate administration, an early distribution (sometimes called an interim distribution) lets heirs receive part of their inheritance before the estate closes. Under N.C. Gen. Stat. § 28A‑15‑2, a personal representative has broad authority to manage…
What should I expect during my initial call with a North Carolina probate attorney’s office? When you reach out to a probate attorney in North Carolina—whether you live in Wake County, Mecklenburg County, or any other jurisdiction—the goal of the first call is to gather basic information so the attorney can evaluate your situation. You…
FAQ: Can I Contest a Will If I’m Specifically Cut Out? In North Carolina, simply being omitted from a will does not by itself let you overturn it. To challenge a will, you must attack its validity—not just object to your share. Under the North Carolina caveat process (N.C. Gen. Stat. § 28A‑10‑1 et seq.), an…
FAQ 1: How Can a Designated Beneficiary Protect Their Inheritance When a Third Party Challenges the Will in Mecklenburg County, NC? When you’re named as a beneficiary in a North Carolina estate and another party claims rights via a third‑party agreement, you face both timing and substantive risks. In Mecklenburg County, the Clerk of Superior…
