What does it mean when a public administrator is appointed in probate, and how might that affect the distribution of my deceased parent’s assets?

Probate Q&A Series

What Does it Mean When a Public Administrator is Appointed in North Carolina Probate? In North Carolina probate, when a public administrator is appointed the court designates an impartial attorney to administer the estate. This appointment usually occurs when family members or other potential personal representatives cannot agree on who should manage the probate affairs.…

How does the appointment of a public administrator and a full probate process affect my ability to obtain a clear title and protect my estate assets?

Probate Q&A Series

Is a Certificate of Probate from an Unapproved Application Valid? In North Carolina, a Certificate of Probate issued from a previously filed application that was never approved generally does not have legal effect. When a probate court issues such a certificate, it must be supported by a fully compliant application and proper approval procedures as…

What key considerations should I keep in mind when updating my estate plan—such as revising my will, transferring assets with survivorship designations, or establishing trusts—after the loss of a spouse?

Probate Q&A Series

How Do I Update My Will After the Death of My Spouse in North Carolina? Updating your will after the death of a spouse is an important step in ensuring that your estate reflects your current wishes. In North Carolina, a will can be revised or completely redrafted to remove or change beneficiaries. Following the…

What should I do if I receive conflicting instructions about where to send rent after my landlord’s death?

Probate Q&A Series

What Should I Do If My Deceased Landlord’s Estate Is Directing Me to Change Rent Payment Instructions? When your landlord dies and you receive conflicting instructions about where to send your rent, start by understanding that the deceased’s estate holds the funds until final distribution. In Brunswick County, North Carolina, the estate is administered through…

How do I file a wrongful death claim when the accident involves both commercial and personal auto policies, including additional property damage?

Probate Q&A Series

How Do I Initiate a Probate Claim Following a Fatal Motor Vehicle Accident in North Carolina? In North Carolina, initiating a probate claim after a fatal motor vehicle accident involves several steps designed to protect the rights of the deceased’s estate. When a fatality occurs—as in the case where a passenger perished due to the…

What legal options do I have to protect my interests if a sibling initiates a forced partition sale on our family home, especially when key estate documents were never recorded?

Probate Q&A Series

What Is a Partition Sale in Probate and How Does It Work in North Carolina? A partition sale is a judicial process used to divide jointly owned property when co-heirs cannot agree on its disposition. In North Carolina probate cases, especially in counties across the state, a partition sale may be ordered by the court…

How are SBA loans and business debts handled in an estate when a borrower dies without a will, and what liabilities might the surviving spouse inherit?

Probate Q&A Series

What Happens When a Parent Dies Without a Will in North Carolina? When a parent dies intestate in North Carolina, the entire estate enters probate and is distributed according to state law. In cases where there is no will, North Carolina’s intestate succession statutes (for example, see N.C. Gen. Stat. Chapter 29) guide the division…