How can my sibling get legal guardianship for our minor sibling to manage their inheritance? – North Carolina Short Answer In North Carolina, your sibling can petition the Clerk of Superior Court in the minor’s home county to be appointed guardian of the estate (or general guardian) to manage the minor’s inheritance. The guardian must…
Can legal and creditor fees be paid from the estate before heirs receive their inheritance? – North Carolina Short Answer Yes. In North Carolina, estate funds pay the costs of administration (including reasonable attorney’s fees) and valid creditor claims before heirs receive anything. After you publish and send the required notice to creditors, claims are…
How do I get a certified probate packet from another state if I lost the original? – North Carolina Short Answer Ask the court that handled your parents’ estate in their home state to issue authenticated (certified or exemplified) copies of the will and probate orders. North Carolina can accept those authenticated copies to either…
How can I file an ancillary probate case in North Carolina to sell property I inherited from my parents? – North Carolina Short Answer In North Carolina, you can either (1) record the out-of-state probate so your parents’ will passes title to the North Carolina real estate, or (2) open an ancillary estate and have…
Do I have to open a probate proceeding in North Carolina when my parents’ estate was probated elsewhere years ago? – North Carolina Short Answer Usually, yes—if you are selling North Carolina real estate from an out-of-state decedent, you must either probate the out-of-state will in North Carolina or open an ancillary estate here. North…
What documents does a title company need to close on inherited real estate? – North Carolina Short Answer In North Carolina, a title company typically needs: (1) certified death certificates; (2) a certified or exemplified copy of any out-of-state probate (the will and the foreign court’s order/letters); and (3) North Carolina proof of authority or…
What documents do I need from the original estate to clear title for inherited land? – North Carolina Short Answer To clear North Carolina title when the decedent lived elsewhere, you typically need certified or exemplified copies of the domiciliary (original) Letters of Appointment and, if there is a will, a certified or exemplified copy…
Do I still have to open a North Carolina estate when more than the required period has passed since my parents’ death? – North Carolina Short Answer Often, no. In North Carolina, if more than two years have passed since death, heirs or devisees can usually convey the real estate without opening an ancillary estate,…
Can I limit ancillary probate to just title clearance and avoid handling other estate matters? – North Carolina Short Answer Yes—under North Carolina law you can open an ancillary estate focused on clearing title to North Carolina property, but you must still follow core requirements: qualify for ancillary letters, publish notice to creditors in the…
Can I object to removing a listing agent if co-executors disagree on the realtor? – North Carolina Short Answer Yes. In North Carolina, co-executors generally must act together (or by majority if there are more than two) on major decisions like hiring or firing a realtor. If a co-executor tries to remove the listing agent…
