Detailed Answer In North Carolina, heirs who own undivided interests in real estate sometimes file a partition action to divide or sell the property. A common question in these actions is whether one heir can force another to pay their attorney’s fees. The short answer is that no heir can unilaterally require another to pay…
What steps must a beneficiary follow to obtain sale proceeds held in trust during a North Carolina special proceeding? 1. Detailed Answer When a North Carolina clerk of superior court authorizes a special proceeding to sell estate assets, the sale proceeds often remain in a trust account or the court’s registry until the estate qualifies…
How to Serve and Include a Missing Heir or Spouse in a North Carolina Probate Case 1. Detailed Answer When a beneficiary or surviving spouse cannot be located, North Carolina law provides clear steps to bring that person into a probate proceeding. You must identify the missing party, appoint a guardian ad litem, give proper…
When does real property become part of a North Carolina probate estate for distribution or creditor claims? Detailed Answer In North Carolina, real property owned solely by a decedent generally enters the probate estate at the moment of death. From that instant, the decedent’s interest in the property passes under the will or by intestate…
How to Document and Recover Reimbursement for Carrying Costs on Co-Owned Inherited Property in North Carolina 1. Detailed Answer When you inherit property with one or more co-owners, you may shoulder ongoing expenses such as real estate taxes, insurance premiums, mortgage payments or utilities. North Carolina law lets you recover your fair share of these…
How Do I Get Reimbursed for Executor Expenses in a North Carolina Probate Estate? Detailed Answer When you serve as an executor (also called personal representative) in a North Carolina probate estate, you may pay certain costs out of your own pocket. North Carolina law recognizes your right to reimbursement for actual and necessary expenses.…
Detailed Answer When someone dies owning real estate in North Carolina, heirs cannot manage or sell that property outright. State law requires the estate to enter probate—a court‐supervised process that appoints a personal representative to collect assets, pay debts, and distribute what remains to heirs. Below are the key legal steps heirs must follow to…
What steps should I take when two wills or a codicil are filed for the same person in probate in North Carolina? 1. Detailed Answer When the Clerk of Superior Court receives more than one testamentary instrument for the same decedent, they cannot simply admit both wills or a codicil without resolving which document controls.…
Detailed Answer When someone dies owning real estate in North Carolina, heirs must follow probate rules to sell property safely. Probate gives a personal representative legal authority to manage those assets, pay debts, and distribute what remains. If heirs sell inherited property without fully handling creditor claims, they might face liability for unpaid debts. North…
Detailed Answer When multiple siblings or other heirs inherit a piece of real estate in North Carolina, they each own an undivided interest. If one co-owner refuses to cooperate—blocking title transfers, refusing to sign sale documents or preventing management—the law provides a clear path to force a sale. Under North Carolina law, heirs can file…
