When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina?

When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina? Detailed Answer In North Carolina, you may choose a Small Estate Affidavit when the decedent’s personal property subject to administration totals $20,000 or less and no estate administration petition exists. This streamlined process, governed by N.C. Gen. Stat. §…

What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law?

What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law? Detailed Answer When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear…

How do I petition a North Carolina probate court for possession, control, custody, and sale of estate real property?

How do I petition a North Carolina probate court for possession, control, custody, and sale of estate real property? 1. Detailed Answer When a loved one passes away leaving real property, you often need court approval before you can manage or sell that asset. In North Carolina, the personal representative (formerly called executor or administrator)…

How do you access state retirement or insurance benefits in North Carolina when no beneficiary is named on the account?

How to Access State Retirement or Insurance Benefits in North Carolina When No Beneficiary Is Named Detailed Answer When a public employee or retired member of a State retirement system or group insurance plan passes away without naming a beneficiary, North Carolina law establishes the order in which benefits become payable. In most cases, these…

How do I settle creditor claims and distribute assets in a North Carolina intestate estate?

How to Settle Creditor Claims and Distribute Assets in a North Carolina Intestate Estate Understanding Intestate Administration When someone dies without a valid will in North Carolina, the court appoints a personal representative to handle the estate under Chapter 28A of the North Carolina General Statutes. This representative must identify creditors, pay valid debts and…