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North Carolina Probate and Estate Administration Lawyers
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  • PRACTICE AREAS
    • ESTATE PLANNING
    • PROBATE ADMINISTRATION
    • PROBATE FOR WRONGFUL DEATH
    • PARTITION ACTIONS
    • SURPLUS FUNDS
    • ELDER LAW
  • ABOUT US
    • HOW TO GET STARTED
    • HOW MUCH DOES AN ESTATE PLAN COST?
  • OUR TEAM
  • CONTACT US

Category Archives: Probate Q&A Series

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How can I challenge a co-agent’s actions if I suspect misuse of the power of attorney?

Probate Q&A SeriesBy jpierceSeptember 8, 2025

How can I challenge a co-agent’s actions if I suspect misuse of the power of attorney? – North Carolina Short Answer In North Carolina, a co-agent can file a petition with the Clerk of Superior Court to demand an accounting, clarify or limit a co-agent’s authority, and ask for immediate protective orders. Co-agents usually may…

What can I do if a family member named as executor won’t provide information about estate accounts?

Probate Q&A SeriesBy jpierceSeptember 8, 2025

What can I do if a family member named as executor won’t provide information about estate accounts? – North Carolina Short Answer In North Carolina, an executor’s duty to share details through a formal inventory and account begins only after the person qualifies and receives Letters from the Clerk of Superior Court. If no probate…

Can I challenge the executor’s authority if they appear to be misusing estate assets before probate?: North Carolina

Probate Q&A SeriesBy jpierceSeptember 8, 2025

Can I challenge the executor’s authority if they appear to be misusing estate assets before probate? – North Carolina Short Answer Yes. In North Carolina, a person named as “executor” has no legal authority until the Clerk of Superior Court issues Letters Testamentary. If a will has not been filed and assets are at risk,…

How can I enforce my right to life insurance benefits when the policy paperwork is being withheld?

Probate Q&A SeriesBy jpierceSeptember 8, 2025

How can I enforce my right to life insurance benefits when the policy paperwork is being withheld? – North Carolina Short Answer In North Carolina, a named life insurance beneficiary can claim benefits directly from the insurer with a death certificate and the insurer’s claim form; you do not need the executor’s permission. If someone…

What steps do I take to force filing a will with the probate court in North Carolina?

Probate Q&A SeriesBy jpierceSeptember 8, 2025

What steps do I take to force filing a will with the probate court in North Carolina? Short Answer In North Carolina, you may file a sworn application with the Clerk of Superior Court to compel anyone in North Carolina who has the original will to produce it. The clerk issues a summons ordering that…

How can I obtain a copy of a loved one’s will if the executor refuses to share it?: North Carolina probate answer

Probate Q&A SeriesBy jpierceSeptember 8, 2025

How can I obtain a copy of a loved one’s will if the executor refuses to share it? – North Carolina Short Answer In North Carolina, the person holding a decedent’s original will must deliver it to the Clerk of Superior Court for probate. If the custodian or named executor refuses, you can file a…

Can I compel an updated appraisal or CMA before a court-ordered sale?: North Carolina partition actions

Probate Q&A SeriesBy jpierceSeptember 8, 2025

Can I compel an updated appraisal or CMA before a court-ordered sale? – North Carolina Short Answer Often, yes. In a North Carolina partition case—especially if the land is “heirs property”—the court can order an appraisal and set the sale terms to ensure a fair, commercially reasonable sale. You may file a motion asking the…

How can I petition the court for a first right of refusal before the partition sale?

Probate Q&A SeriesBy jpierceSeptember 8, 2025

How can I petition the court for a first right of refusal before the partition sale? – North Carolina Short Answer North Carolina partition law does not grant co-owners a general “first right of refusal” before a sale. If the property qualifies as “heirs property,” co-owners may petition the Clerk of Superior Court to trigger…

What steps are involved in a contested partition hearing during estate administration?: North Carolina

Probate Q&A SeriesBy jpierceSeptember 8, 2025

What steps are involved in a contested partition hearing during estate administration? – North Carolina Short Answer In North Carolina, a partition action is a special proceeding before the Clerk of Superior Court in the county where the land sits. The petitioner files and serves all co-owners, the clerk holds a hearing, and the clerk…

How do I prepare for a partition action against other heirs?: Practical steps under North Carolina law

Probate Q&A SeriesBy jpierceSeptember 8, 2025

How do I prepare for a partition action against other heirs? – North Carolina Short Answer In North Carolina, a co-owner can file a partition action with the Clerk of Superior Court in the county where the land sits to divide the property or force a sale. If the land is heirs’ property, the court…

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