News and Articles

What documents (marriage certificate, death certificate, vehicle title, check) do I need to gather and submit for a small estate affidavit or year’s allowance? – North Carolina Short Answer In North Carolina, a small estate affidavit requires a 30-day wait after death, the court’s AOC form, a certified death certificate, ID, details and proof of…

What can I do to contest the sale of personal items or my mother’s car that happened without notice? – North Carolina Short Answer In North Carolina, a personal representative can sell estate personal property (including a car) without giving heirs advance notice, but must properly account for the sale. If there was no qualified…

Can the estate administrator force a partition sale of my father’s house if not all siblings consent? – North Carolina Short Answer Usually, no. In North Carolina, a decedent’s house vests in the heirs at death, so the estate administrator cannot unilaterally sell or force a partition sale unless the will gives them that authority…

How do I make sure proceeds from a forced sale or partition of the house are fairly divided among all siblings? – North Carolina Short Answer In North Carolina, a deceased parent’s real estate usually vests in the heirs at death, so siblings co-own it. If everyone agrees, all co-owners sign a deed (and, within…

If I cash the distribution check, does that mean I agree to how the small estate was handled and lose my right to challenge it? – North Carolina Short Answer No. In North Carolina, cashing a distribution check from a small estate (collection by affidavit) does not, by itself, waive your right to challenge how…

Can I bring a breach of fiduciary duty claim against my sister in the estate administration? – North Carolina Short Answer Yes, but the path matters. In North Carolina, money-damages claims for breach of fiduciary duty are filed as a civil lawsuit in Superior Court, not decided by the Clerk in the probate file. The…

How do I open probate in North Carolina when no administrator has been appointed? Short Answer In North Carolina, you open an intestate estate by applying to serve as the administrator with the Clerk of Superior Court in the county where the decedent was domiciled. An heir (such as a child) may apply. You will…

What steps can I take to halt or recover estate assets my sister handled under guardianship? – North Carolina Short Answer In North Carolina, act quickly to get court authority and records. Petition the Clerk of Superior Court to open the intestate estate and issue Letters of Administration, then move to compel the former guardian…

Can I challenge the POD beneficiary designations my sister set up under her power of attorney? – North Carolina Short Answer Yes, but the challenge usually runs through the estate’s personal representative and focuses on whether your sister, acting as a fiduciary (agent or guardian), had legal authority and followed her duties. In North Carolina,…

How do I petition to bring real property back into the estate to create assets for debt payment? – North Carolina Short Answer In North Carolina, a personal representative asks the Clerk of Superior Court for authority to treat the decedent’s real estate as an estate asset and sell it to pay valid claims. You…

What steps do I need to transfer title and sell my father’s car to satisfy the lender’s claim? – North Carolina Short Answer In North Carolina, a duly appointed personal representative (executor or administrator) may sell a decedent’s car without a court order. If the car has a lien, the lender’s security interest must be…

Can my brother and I sell inherited property individually and use trust directives to pay creditors without commingling funds? – North Carolina Short Answer Usually no. In North Carolina, a personal representative (PR) controls asset sales to pay estate debts. Heirs may sign a deed, but within two years of death any sale is ineffective…

How can I sell the house through probate to pay estate debts without breaching my duties as administrator? – North Carolina Short Answer In North Carolina, you may sell estate real property to pay valid debts if you first determine the sale is in the estate’s best interest and you have legal authority to sell.…

How do I draft and negotiate a family settlement agreement with my uncles to divide real property and satisfy conditional gifts? – North Carolina Short Answer In North Carolina, you can resolve estate distribution disputes with a written family settlement agreement, but the approval path depends on whether it changes the will’s distributions. If it…