Can I Elect to Receive a Life Estate Instead of an Intestate Share in North Carolina? 1. Detailed Answer Short answer: Yes—if you are a surviving spouse in North Carolina, you may choose a statutory life estate in certain property instead of (or in addition to) the default intestate share. The option is created by…
Detailed Answer Why an Estate Needs an EIN As soon as a North Carolina executor (also called a personal representative) receives Letters Testamentary from the clerk of superior court, the estate becomes a separate legal entity. To open an estate bank account, report income, and withhold taxes, the executor must secure a federal Employer Identification…
Difference Between Common and Solemn Form Probate in North Carolina Detailed Answer North Carolina recognizes two ways to prove a will before the Clerk of Superior Court: probate in common form and probate in solemn form. Each option affects how quickly the estate can move forward, how much notice is required, and whether the will…
Can I Negotiate with My Siblings to Avoid a Partition Action on Inherited Property in North Carolina? Short Answer Yes. North Carolina law lets co-owners reach a private agreement at any time—even after a lawsuit is filed—so long as every owner signs. Detailed Answer When multiple heirs inherit real estate, they hold it as tenants-in-common.…
North Carolina Year’s Allowance and Personal Property: Must You List Every Asset? Detailed Answer The North Carolina year’s allowance is a statutory benefit that lets a surviving spouse (up to $60,000) and minor children (each up to $5,000) claim personal property before most creditors are paid. The governing statutes appear in Article 4, Chapter 30…
How a Co-Owner Can Recover the Cost of Improvements to Estate Property in North Carolina 1. Detailed Answer When two or more people inherit the same piece of real estate, one co-owner may spend personal funds to replace a roof, remodel the kitchen, or pay property taxes. If a partition action later becomes necessary, North…
Need a Probate Hearing Quickly? Here Is the North Carolina Roadmap Why No Hearing May Be on the Calendar In North Carolina, most routine estate matters are handled by paperwork alone. The Clerk of Superior Court has exclusive original jurisdiction over probate (not the regular trial judge). The Clerk schedules a hearing only when someone…
Detailed Answer When the Clerk of Superior Court signs an order in a North Carolina probate proceeding, every interested party—heirs, devisees, creditors, guardians, or anyone else with a legally recognized stake—must receive formal notice. Proper service keeps the matter on track, prevents needless delays, and protects you from later challenges that the order is unenforceable.…
How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in North Carolina Detailed Answer Why the Original Matters The Clerk of Superior Court will not open a formal estate until the original will (or an approved substitute) is filed. North Carolina law requires anyone who holds the will to deliver…
Understanding the Scope of Your North Carolina Probate Representation Agreement 1. Detailed Answer Before you sign any engagement letter, you need to know which tasks your probate lawyer will—and will not—handle. In North Carolina, the attorney–client contract controls the scope of work, but several touch-points guide the analysis: Key Contract Clauses to Review Scope of…
