Category Archives: Probate Q&A Series

What essential steps should I take to gather and organize the documents and information needed to manage estate assets, liabilities, and business interests effectively during probate?

What Are the Essential Steps to Gather Documents and Assets for Probate in North Carolina? When initiating probate, gathering all important documents is the first and most critical step. In North Carolina, the process relies on having a complete inventory of assets – from bank statements and vehicle titles to business records and real property…

How do I begin the probate process and get appointed as the administrator when the surviving spouse may have rights to the estate?

What Is the Process for Filing Administrative Forms to Open a Probate Estate in Bertie County? Initiating probate in North Carolina requires filing the necessary administrative forms in the county where the decedent lived. In Bertie County, this involves submitting the application for letters of administration along with a death certificate and any other pertinent…

How does a partition by sale work in probate cases, and what steps should family members take when one party refuses to sell?

What Is a Partition Action in North Carolina and How Does It Work? A partition action is a legal remedy that allows co-owners of a property—such as family members who have inherited real estate—to force the division or sale of the property when one or more parties refuse to agree on its disposition. In North…

What is the process for administering a simple probate estate when the decedent did not leave a will?

What Happens When a Family Member Dies Without a Will in North Carolina? Detailed Answer: When a relative passes away without leaving a will (intestate) in North Carolina, the state’s intestacy laws determine how the assets are distributed. In McDowell County and throughout North Carolina, the estate will be divided according to a statutory formula…

What does it mean if the disbursement directive doesn’t list a specific fee amount, and how will my attorney’s fee and remaining funds be determined?

Why Does the Disbursement Directive Not Specify an Exact Dollar Amount? In many North Carolina probate matters, a directive for disbursement is drafted without an exact figure because the final amount available for distribution will only be determined after a court hearing. The document instructs that all funds from the case be sent to a…

How do disputed filing fees or liens affect the estate closing process, and what steps can be taken to resolve them?

FAQ 1: How Do Filing Fee Issues Affect Petition Removal for Probate in North Carolina? In North Carolina probate cases, filing fees can sometimes become a point of confusion. For example, a fee that might appear related to opening an estate can in fact be charged for filing a petition to remove an item from…

What is an EMS claim in probate, and how can a misfiled EMS event delay the estate’s closing process?

What Is the Impact of an Erroneous EMS Claim on Estate Closings in North Carolina? An EMS claim, in the context of probate administration, refers to an entry for a hospital or ambulance expense that may show up on an estate file. Sometimes, such a claim is mistakenly recorded in the wrong account. In North…

Do I need to update the deed to remove a deceased sibling’s interest when my parent holds a life estate, or will title pass automatically through probate upon my parent’s death?

Should I Remove a Deceased Sibling’s Name from a Life Estate Deed in North Carolina? In North Carolina, when a person holding a remainder interest under a life estate dies, their interest passes by operation of law to their heirs. If your mother’s deed provides for a life estate in which she occupies the property…

What legal options do I have for pursuing a legal malpractice claim against a disbarred attorney who mishandled my parent’s estate?

What Legal Options Do I Have if a Former Probate Attorney Mismanaged an Estate? If you believe a former probate attorney mismanaged an estate by engaging in self‐dealing or failing to follow proper procedures, you may have legal remedies available. Even though the attorney in question may have been disbarred, you still might pursue a…

What preliminary steps are involved in starting the Probate Cash process for receiving an inheritance?

What Can I Expect During a Preliminary Probate Consultation in North Carolina? A preliminary probate consultation helps you understand the basic structure of your case. During the consultation, the attorney will review preliminary information about the estate and answer any questions about the process. In North Carolina, the probate process is governed by statutes such…