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 can I get a copy of the most recent will if the probate court accepted an older version? – North Carolina Short Answer In North Carolina, if you believe a later will exists, you can ask the Clerk of Superior Court to order anyone holding it to produce it. If an older will has…
Can I challenge the use of an outdated will in probate proceedings? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (such as an heir or beneficiary) can challenge a will already admitted to probate by filing a caveat. If a newer will exists, you cannot simply swap it in—your challenge goes…
How do we find out which attorney drafted and filed a will? – North Carolina Short Answer In North Carolina, start by reviewing the estate file in the Clerk of Superior Court’s Estates Division where the will was probated. The file and the will are public once admitted to probate and often show who prepared…
Can I challenge a power of attorney document and property sale if the grantor was incapacitated and under undue influence? – North Carolina Short Answer Yes. In North Carolina, you can ask the Clerk of Superior Court to review a power of attorney and transactions made under it if the principal lacked capacity or the…
How do I prove undue influence or lack of capacity in a probate dispute? – North Carolina Short Answer In North Carolina, you challenge a probated will by filing a “caveat” and proving, by the greater weight of the evidence, either (1) the signer lacked testamentary capacity, or (2) the will was the product of…
How can I apply for an EIN for my grandparent’s estate online? – North Carolina Short Answer In North Carolina, the personal representative applies online for the estate’s federal Employer Identification Number (EIN) on the IRS website after being appointed and receiving Letters from the Clerk of Superior Court. Banks usually require both the EIN…
What steps are required to file probate paperwork with the court clerk? – North Carolina Short Answer In North Carolina, you open an estate with the Clerk of Superior Court in the county where the decedent lived by filing an application for letters, the original will (if any), and proof of death. You then qualify…
Can I complete estate administration tasks like getting an EIN without being an administrator? – North Carolina Short Answer In North Carolina, you generally cannot act for an estate—like getting an EIN or opening an estate bank account—until the Clerk of Superior Court appoints you and issues Letters. A narrow exception lets a named executor…
How can I find a probate lawyer in North Carolina to help me contest my spouse’s will? – North Carolina Short Answer In North Carolina, a will contest is called a “caveat.” You file it with the Clerk of Superior Court in the county where the will was probated, and the case is then tried…
What evidence do I need to support a challenge to my spouse’s will? – North Carolina Short Answer In North Carolina, you challenge a will by filing a caveat and proving a valid ground such as improper execution, lack of testamentary capacity, undue influence, fraud, duress, mistake, or revocation. Useful evidence includes medical and caregiving…
What is the process for filing a will contest in probate court in North Carolina? – North Carolina Short Answer In North Carolina, you contest a will by filing a “caveat” with the Clerk of Superior Court in the county where the will was probated. The clerk immediately transfers the case to Superior Court for…
How can I dispute creditor claims that were filed after the deadline in my parent’s probate proceeding? – North Carolina Short Answer In North Carolina, unsecured creditor claims that are presented after the estate’s published “bar date” are generally disallowed. Ask the personal representative (administrator) to issue a written rejection of any late, unsecured claims…
What steps can I take to make sure the administrator properly inventories and sells estate assets before distributing sale proceeds? – North Carolina Short Answer In North Carolina, you can monitor the estate file, demand a timely inventory and accountings, and participate in any court proceeding to sell real property. If the administrator misses deadlines…
Can I challenge or remove a lien on the property that secures a creditor claim in the probate sale? – North Carolina Short Answer In North Carolina, you generally cannot “remove” a valid, perfected lien in a probate sale. Liens on the real estate must be paid from the sale proceeds in order of legal…
How do I verify that creditors are paid in the correct priority order from the sale proceeds? – North Carolina Short Answer In North Carolina, liens attached to the real estate are paid from the sale proceeds first, in lien priority. Any remaining proceeds are then used to pay allowed estate claims in the statutory…
What happens if the administrator receives sale proceeds but fails to pay debts—can creditors come after my share or is she personally responsible? – North Carolina Short Answer In North Carolina, valid estate debts must be paid in the statutory order before any heir receives a distribution. If an administrator distributes sale proceeds without paying…
How do I locate all of my cousin’s assets and handle missing or incomplete paperwork? – North Carolina Short Answer In North Carolina, the court-appointed administrator has a duty and the legal tools to identify and secure all estate assets, even when records are missing. After qualifying with the Clerk of Superior Court, the administrator…
What steps do I need to open probate and file an inventory and creditor notice in North Carolina? – North Carolina Short Answer To open an intestate estate in North Carolina, apply with the Clerk of Superior Court for Letters of Administration, post any required bond, and (if you live out of state) appoint a…
Can we complete the probate process remotely if we live outside North Carolina? – North Carolina Short Answer Yes. In North Carolina, most probate steps can be handled from out of state by appointing a North Carolina resident process agent, signing the required forms before a notary, posting any required bond, and filing with the…
What happens to the home held by survivorship when the decedent died intestate without close heirs? – North Carolina Short Answer In North Carolina, a home titled with a right of survivorship passes automatically to the surviving co-owner at death and does not go through intestate probate. The lack of close heirs does not change…