FAQ 1: How do I enforce a family settlement agreement in a North Carolina probate estate? When parties in a Randolph County probate estate sign and the clerk approves a family settlement agreement, it becomes a binding order enforceable under North Carolina law. To enforce a post-distribution agreement—often called a mediated settlement agreement—you file a…
FAQ 1: What steps are required to draft and file a Final Distribution Order in North Carolina probate? In North Carolina probate, a Final Distribution Order formally allocates remaining estate assets to heirs or beneficiaries once debts, taxes, and administrative expenses are settled. Chapter 28A of the North Carolina General Statutes governs distribution procedures. Under…
How Can I Probate a Copy of a Will When the Original Is Missing in Henderson County, NC? If your loved one died owning property in Henderson County and you hold only a copy of the decedent’s most recent will, North Carolina law provides a clear path to probate. Under N.C. Gen. Stat. § 28A-6-2,…
What happens when a previously unknown child surfaces in an intestate estate in Scotland County, NC? If you begin an intestate probate in Scotland County and then a child you did not know about comes forward, North Carolina law treats that person as an heir with the same rights as any other child of the…
FAQ 1: How Can I Reopen a Closed Estate in Rutherford County to Recover Assets Removed After Closing? Under North Carolina law, you can petition a clerk of superior court to reopen an estate administration when assets remain uncollected or have been improperly removed. N.C. Gen. Stat. § 28A-19-1 authorizes reopening a closed estate “if…
What initial steps and deadlines must a personal representative follow in North Carolina probate? When you qualify as executor or administrator of an estate in North Carolina—whether in Cabarrus County or another jurisdiction—you must act promptly to preserve assets and comply with statutory deadlines. First, file the oath and bond (if required) with the Clerk…
How can heirs divide personal property informally in North Carolina without a formal probate or partition sale? When a decedent’s personal property consists mainly of furnishings, household items or low-value assets, heirs often prefer an informal division over opening an estate or calling in three court-appointed commissioners. North Carolina law offers several tools to simplify…
1. How Do I Inventory Estate Assets and Address Obstruction by Co-Heirs in Cumberland County? When you qualify as the personal representative of an intestate estate in Cumberland County, North Carolina, state law requires you to file an inventory and appraisal of the decedent’s assets within 90 days of qualification under N.C. Gen. Stat. §…
What documents should I gather before contacting a North Carolina probate attorney about an estate? When you call a probate attorney—whether in Wake County or any other county—it helps to have key records on hand. These documents help your lawyer assess the estate and plan the next steps. Gather anything you have that shows the…
FAQ 1: What steps must an out-of-state executor take to open probate for a North Carolina resident’s estate? If you live outside North Carolina and serve as executor under a will for someone who lived in Avery County (for example, Newland, Banner Elk or Boone), you can still open and administer the estate here. North…
