FAQ 1: Can Initial Probate Consultations Be Conducted Remotely? When facing the stressful process of administering a loved one’s estate, one common concern is whether an initial consultation must take place in person or if it can be conducted remotely. In North Carolina, many probate attorneys offer flexible consultation methods—including over the phone or via…
Can I Challenge a Will if I Am Not Named as a Beneficiary in Guilford County, North Carolina? In North Carolina, if you believe that you have been wrongly excluded from a will – such as in the case where you are a biological child of a decedent – you may be eligible to challenge…
What is a Year’s Allowance in North Carolina Probate and How Does It Protect a Minor’s Inheritance? A “year’s allowance” is a provision in North Carolina probate law that is designed to protect a minor’s inheritance from estate creditors during the administration process. When an estate is being probated, certain debts and claims by creditors…
What Does It Mean When an Executor Opens Probate in North Carolina? In North Carolina, when an executor or personal representative “opens probate,” it means that the court officially accepts the deceased person’s will and appoints the executor to manage and distribute the estate. This process involves filing the will along with an application for…
What Does the Probate Process Involve in North Carolina? In North Carolina, probate is the legal process by which a decedent’s estate is administered and their final wishes—usually set out in a will—are carried out. There are generally two approaches: a simple probate application that qualifies an executor to administer the estate and a full…
What Steps Should I Take If I Can’t Locate My Deceased Relative’s Estate Assets in North Carolina? When you cannot readily locate the assets of a deceased relative’s estate, it is important to understand that North Carolina probate law provides several avenues to resolve the issue. This situation may occur when records are not clear…
What Happens When a Person Dies Without a Will in North Carolina? When an individual dies without a valid will in North Carolina, his or her estate is considered “intestate” and will be distributed according to the state’s intestacy laws. In North Carolina, the intestate succession statute (see N.C. Gen. Stat. Chapter 29) typically requires…
How Can I Transfer Property Ownership in North Carolina When There’s No Will and Some Heirs Are Unreachable? In North Carolina, transferring property ownership when the decedent did not leave a will can be a challenging process, particularly when some potential heirs are unreachable or unresponsive. When a loved one dies intestate (without a will),…
What Should I Do if I Filed a Final Account with Incorrect Beneficiary Information in Rutherford County, NC? In North Carolina probate, accuracy in final account filings is paramount. If you discover that you mistakenly listed the incorrect beneficiary information in the final account – for example, designating yourself as a beneficiary when you are…
What is the Process for Drafting and Executing a Will in North Carolina? In North Carolina, the process of drafting and executing a will can be straightforward when you have the proper guidance. The discussion during our call emphasized that a simple will – which might cover real property such as a house, along with…
