Procedures for an Heir to Remove a Personal Representative and Assume Control of an Intestate North Carolina Estate Upon Turning 18 Detailed Answer When someone dies without a valid will in North Carolina, the court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate under the intestacy…
What steps should a personal representative take if Medicaid Estate Recovery omits estate real property from its satisfaction of claim? 1. Detailed Answer When the North Carolina Medicaid Estate Recovery Program issues a satisfaction of claim but omits estate real property, the personal representative must act promptly. Federal law (42 U.S.C. §1396p(b)) and North Carolina…
What’s the Difference Between Summary Probate and Full Estate Administration for Admitting a Will in North Carolina? Detailed Answer When someone dies leaving a will in North Carolina, relatives or beneficiaries must ask the clerk of superior court to admit (“prove”) the will and appoint a personal representative to administer the estate. You can follow…
What rights do co-executors have to access their share of estate property when another co-executor blocks them in North Carolina? 1. Detailed Answer When two or more individuals serve as co-executors (also called personal representatives) of an estate in North Carolina, they share authority to collect, manage, and distribute estate assets under Chapter 28A of…
What steps do I need to probate a will in North Carolina? Detailed Answer Probate is the court process for validating a will and overseeing an estate’s administration. In North Carolina, you start by presenting the original will to the clerk of superior court in the county where the deceased person lived. The clerk reviews…
How to Open an Intestate Estate in North Carolina When Someone Dies Without a Will or Beneficiary Designations 1. Detailed Answer When a person dies without a valid will or beneficiary designations, North Carolina law treats their estate as intestate. The process to open and administer an intestate estate involves several steps under Chapter 28A…
What steps can beneficiaries take under North Carolina law if an executor improperly distributes estate funds to someone not named in the will? Detailed Answer In North Carolina, the person appointed to administer an estate—called a personal representative—owes strict fiduciary duties to the estate and its beneficiaries. North Carolina law requires that the personal representative…
Detailed Answer When you speak with a North Carolina probate attorney for the first time, having the right information ready helps us evaluate your situation quickly and accurately. Probate begins when someone dies owning assets in their name alone. In North Carolina, the court oversees distributing those assets under N.C. Gen. Stat. §28A-2-2. Preparing documents…
How to Retrieve Personal Property When an Uncooperative Occupant Blocks Access under a North Carolina Special Proceeding Detailed Answer When someone holds your personal property and denies you access, North Carolina law offers a streamlined court process called a special proceeding. This process appears in Chapter 28A, Article 19A of the North Carolina General Statutes.…
Can I Sign a Warranty Deed Transferring Inherited Property During Probate in North Carolina? 1. Detailed Answer When someone dies owning real estate, North Carolina law places that property into probate. The court supervises payment of debts and distribution of assets under Chapter 28A of the North Carolina General Statutes. During this process, no heir…
