Explore our informative articles, insights, and updates focused on North Carolina Estate Administration, Estate Planning, Partition Actions, and Surplus Fund cases. Our goal is to make these complex topics accessible, offering you guidance and understanding at each step of the legal process. Whether you’re looking to navigate probate administration, protect your assets through careful planning, understand partition actions, or resolve issues with surplus funds, our articles are designed to empower you with practical advice, legal insights, and actionable steps. Stay informed and feel confident as you make decisions about your estate and legal matters.
How do I check if there are other estate assets, like bank accounts, available to heirs? – North Carolina Short Answer In North Carolina, heirs cannot access or confirm bank accounts or other assets without legal authority. You either (1) get authority as a personal representative or collector by affidavit to request records and collect…
How can I claim my share of a foreclosure surplus fund without a special proceeding? – North Carolina Short Answer In North Carolina, surplus funds from a power-of-sale foreclosure are paid first to junior lienholders and then to the owner (or heirs) who held title at the time of the sale. You can ask the…
What is the process for submitting an FS9 form to the clerk to get my surplus funds released? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are released by the Clerk of Superior Court only after an order authorizes payment to the correct payee. If the clerk requires it, you…
How can I get letters of administration to access my sibling’s property without a will? – North Carolina Short Answer In North Carolina, an heir applies to the Clerk of Superior Court in the county where the decedent lived to receive “Letters of Administration.” As a sibling, you have priority to serve if you are…
What steps do I need to take to open probate in North Carolina when I’m living out of state? – North Carolina Short Answer In North Carolina, you open an intestate estate by applying with the Clerk of Superior Court in the county where your sibling lived, taking an oath, posting any required bond, and…
How do I keep utilities and insurance active on estate property during the probate process? – North Carolina Short Answer In North Carolina, you must first qualify as the estate’s administrator and receive Letters of Administration before using estate funds or speaking for the estate. After you qualify, open an estate bank account, notify insurers…
Can I retrieve personal items and handle bills on the estate before the court appoints an administrator? – North Carolina Short Answer In North Carolina, you generally may not remove estate property or pay the decedent’s bills until the Clerk of Superior Court grants authority (for example, by issuing Letters of Administration, appointing a temporary…
When can I decide whether to sell or keep items from my sibling’s house after starting probate? – North Carolina Short Answer In North Carolina, you gain legal authority to make decisions about the estate’s assets when the Clerk of Superior Court issues your Letters of Administration. After that, you may sell or distribute personal…
How can I add my parent’s spouse to their property deed in North Carolina? – North Carolina Short Answer In North Carolina, you add a spouse to a deed by having the current owner sign and record a new deed that conveys the property from the owner to the owner and spouse together. The cleanest…
What steps do I need to take to prepare a will for my parent? – North Carolina Short Answer In North Carolina, your parent must sign a written will in the presence of two competent witnesses, who also sign in your parent’s presence. A notary is not required for a valid will, but adding a…
Is there a way to acquire my co-owner’s share without going through a sale? – North Carolina Short Answer Yes. In North Carolina, you can often avoid a public sale by (1) negotiating a voluntary deed from your co-owner, (2) asking the court in a partition case to award the entire tract to you with…
What can I do if the original will is missing or taken by the surviving spouse? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to compel anyone holding the will to produce it and, if the original truly cannot be found, you may petition to probate a…
How will a Veterans Affairs benefits issue affect my parent’s probate and my inheritance? – North Carolina Short Answer In North Carolina, many Veterans Affairs (VA) benefits are paid directly to eligible survivors and do not pass through probate, so they do not change who inherits under a will. If the VA owes money to…
What happens if I have an outstanding judgment against me when claiming foreclosure surplus funds? – North Carolina Short Answer In North Carolina, surplus funds from a foreclosure are first used to pay junior liens on the property in order of priority. If your judgment was docketed in the county where the property sits before…
Who do I need to serve and notify when pursuing surplus funds from a foreclosure auction? – North Carolina Short Answer In North Carolina, you must serve the foreclosure trustee (or substitute trustee) who holds the surplus and every person or entity with a recorded claim junior to the foreclosed deed of trust (for example,…
How long does it take to get paid once a surplus funds petition is approved? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court signs an order distributing foreclosure surplus funds, payment usually follows after the short appeal window closes and the clerk’s office processes the disbursement. Time varies by…
What steps are involved in obtaining letters of administration and closing an estate? – North Carolina Short Answer In North Carolina, you obtain letters of administration by applying with the Clerk of Superior Court in the county where the decedent lived, qualifying by oath, bond (unless waived by law), and appointing a resident process agent…
How can I transfer my property now so it passes directly to my grandchildren without probate? – North Carolina Short Answer In North Carolina, the two common ways to pass real estate to your grandchildren without probate are: (1) record a deed now that reserves a life estate for you and gives the remainder to…
What’s the best way to protect a minor grandchild’s inheritance from their parents until a specific age? – North Carolina Short Answer In North Carolina, the most reliable way is to leave the minor grandchild’s share in a trust, not outright. A revocable living trust funded now with the real estate lets you reserve a…
Can I structure the deed to keep survivorship rights while I’m alive and then pass title to two grandchildren? – North Carolina Short Answer Yes. In North Carolina, you can sign and record a deed that keeps a life estate for yourself and gives the remainder to your two grandchildren so the property passes at…