How to Verify if an Estate Is Open and Obtain a Copy of the Will in North Carolina Detailed Answer When a person dies, their estate often goes through probate. Probate is the court-supervised process that validates a will, identifies estate assets, pays debts and distributes the remaining property. Each probate case creates a public…
Recovering Surplus Funds After a Mortgage Foreclosure Sale in North Carolina Detailed Answer When a lender forecloses on real property and sells it at auction, sale proceeds may exceed the amount owed. North Carolina law requires that any surplus go to the former owner of the property. To recover these funds, you must act within…
What happens to a gift when the sole beneficiary under a will dies before the testator in North Carolina? Detailed Answer When a will provides a gift to a beneficiary who dies before the testator, North Carolina law generally treats that gift as lapsed. Under N.C. Gen. Stat. § 31-42, a lapsed gift fails unless…
How do I file a petition to probate a lost will in North Carolina under N.C. Gen. Stat. § 28A-6-2? Detailed Answer When a will cannot be located after a testator’s death, North Carolina law provides a clear pathway to probate that lost document. Under N.C. Gen. Stat. § 28A-6-2, the court may admit a…
How can I check if a partition petition has been filed in North Carolina and what should I do next? Detailed Answer When co-owners of real property cannot agree on sale or division, one party may file a partition petition under North Carolina law. To protect your interests, you should first confirm whether a petition…
How Can Heirs Force Sale of Inherited Real Property in North Carolina When a Co-Owner Refuses to Cooperate? Detailed Answer When someone inherits real property in North Carolina alongside other heirs, each heir holds an undivided interest as tenants in common. If one co-owner refuses to agree to a sale or deed transfer, the other…
How to Remove a Beneficiary from Your Will in North Carolina Detailed Answer When you want to remove someone named in your will, you must follow the same formalities required to create or change a will in the State of North Carolina. You have two main options: create a codicil or draft a new will.…
How Can Heirs Force Sale of Inherited Real Property When a Co-owner Refuses to Cooperate in North Carolina? Detailed Answer When a decedent leaves real property to multiple heirs in North Carolina, each heir owns an undivided interest in the entire parcel. If one co-owner declines to agree on sale or distribution of the property,…
Understanding Your Rights in North Carolina Probate Accounting When someone you love passes away, the personal representative (sometimes called the executor) oversees collecting assets, paying debts and taxes, and distributing what remains to heirs. Throughout this process, the personal representative must prepare an accounting showing every transaction. North Carolina law gives heirs the right to…
What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000? Detailed Answer When someone passes away in North Carolina with assets valued at $20,000 or less (excluding certain exempt property), family members can use a Small Estate Affidavit to transfer personal property without formal probate. The process is…
