Does a dispute about a will or inheritance stop a tax sale or foreclosure on the property? – North Carolina Short Answer Usually, no. In North Carolina, a will dispute or inheritance fight does not automatically stop a county tax foreclosure or a lender’s foreclosure from moving forward, because those processes focus on unpaid taxes…
Does a mobile home count as real estate or personal property for inheritance, and how does that affect whether probate is required? – North Carolina Short Answer In North Carolina, a mobile/manufactured home can be treated as either personal property (like a titled vehicle) or as part of the real estate (an improvement to land),…
How do I claim unclaimed property that’s in my deceased parent’s name if I don’t have the account paperwork anymore? – North Carolina Short Answer In North Carolina, unclaimed bank assets in a deceased parent’s name are usually claimed through the NC State Treasurer’s Unclaimed Property program by proving (1) the owner’s identity and death…
How do I properly serve the executor with a petition to present the will, and who is allowed to serve it? – North Carolina Short Answer In North Carolina, if the executor named in the will does not apply to probate the will within 60 days after death, an interested person may apply to probate…
What documents are usually needed to finalize an estate, and what can cause them to be delayed? – North Carolina Short Answer In North Carolina, an estate is usually finalized when the personal representative files a complete Final Account with the Clerk of Superior Court (Estates Division) and the Clerk approves it. To get there,…
Do I need the death certificate to file the will and move forward with transferring the deed? – North Carolina Short Answer Usually, a certified death certificate is not strictly required to start the probate process or to submit a will for probate with the Clerk of Superior Court in North Carolina. However, the Clerk…
Do we need a partition action if the will leaves the property to one person but other family members are disputing it? – North Carolina Short Answer Usually, no. In North Carolina, a partition action is mainly a tool for co-owners (like tenants in common) to divide or sell property, not a tool to decide…
How do I transfer a house from a deceased parent’s trust into my name, and do I need my sibling’s consent if we’re both beneficiaries? – North Carolina Short Answer In North Carolina, a house held in a deceased parent’s revocable living trust is usually transferred by the successor trustee signing and recording a deed…
Can the personal representative or a family member handle the real estate sale instead of a court-appointed commissioner? – North Carolina Short Answer Yes, in many North Carolina estate sale proceedings the Clerk of Superior Court can authorize the personal representative (executor/administrator) to conduct the sale instead of appointing a separate commissioner. A family member…
How do I close an estate and get officially released from my responsibilities as the personal representative? – North Carolina Short Answer In North Carolina, a personal representative is typically released by filing a proper Final Account (final accounting) with the Clerk of Superior Court, showing that estate debts and expenses were handled and the…
