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 list life insurance policies when preparing probate forms for different decedents? – North Carolina Short Answer In North Carolina, list life insurance differently based on who gets the money. If the decedent’s estate is the beneficiary (or no beneficiary survives and the policy defaults to the estate), include the proceeds as an…
What are the requirements for filing probate documents in multiple jurisdictions? – North Carolina Short Answer In North Carolina, you file the primary (domiciliary) estate in the county where the decedent was domiciled and use ancillary administration in any other state where the decedent owned property. The personal representative must file a preliminary inventory with…
How do I enforce the expense-sharing provisions in our property sale agreement with a co-owner? – North Carolina Short Answer In North Carolina, you can enforce expense-sharing two ways: (1) as a contract claim in Superior Court if your co-owner agreed in writing to split costs and won’t pay, and (2) in a partition proceeding…
Can I object to using a realtor recommended by the other co-owner if they’re related? – North Carolina Short Answer Yes. In a North Carolina partition matter, broker selection should be neutral and aimed at maximizing value for all co-owners. If the other co-owner’s recommended agent is a relative, you can object and ask the…
How can I prove and value the mortgage, utility, and tax payments I made for an equitable offset? – North Carolina Short Answer In a North Carolina partition case, the Clerk of Superior Court can credit a co-owner for necessary “carrying costs” paid to preserve the property—typically mortgage principal, property taxes, and hazard insurance; utilities…
What happens if we can’t reach an agreement at mediation and the dispute goes to court? – North Carolina Short Answer If mediation fails in a North Carolina partition case, the dispute proceeds as a special proceeding before the Clerk of Superior Court. The clerk decides whether the property can be fairly divided in kind…
What provisions should be included in a will for a single parent with one child and real property? – North Carolina Short Answer In North Carolina, a single parent’s will should clearly: (1) name an executor and waive bond, (2) make a specific gift of the home or direct its sale with express power of…
What steps should I follow to draft a simple will when power of attorney is already in place? – North Carolina Short Answer In North Carolina, the person making the will must personally sign (or direct someone to sign in their presence) and have at least two competent witnesses sign in the testator’s presence. A…
How do I ensure my relative has the required capacity when drafting a will remotely? – North Carolina Short Answer In North Carolina, the signer must have testamentary capacity at the moment the will is signed and it must be executed with two witnesses in the testator’s presence. Remote/video witnessing and notarization authorizations expired in…
What steps ensure my parent has the capacity to sign the will? – North Carolina Short Answer In North Carolina, your parent can sign a will if, at the moment of signing, they know who their family is, what they own, what the will does, and how it will affect their estate. To protect the…
What steps do I need to prove and appoint myself as executor under a will? – North Carolina Short Answer In North Carolina, the named executor starts by filing the original will and an Application for Probate and Letters with the Clerk of Superior Court in the decedent’s county. If the will is self-proved, the…
How can I file a will for my spouse’s parent in North Carolina? Short Answer In North Carolina, the named executor presents the original will to the Clerk of Superior Court in the county where the decedent lived. If the executor does not apply within 60 days of death, any devisee or other interested person…
How do I inventory and manage the remaining estate assets after a conservator handled the finances? – North Carolina Short Answer In North Carolina, the guardianship (conservatorship) ends at death and a personal representative (executor or administrator) takes over after qualifying with the Clerk of Superior Court. The personal representative files a detailed 90‑day inventory,…
Can I challenge or recover assets sold by a court-appointed guardian or conservator? – North Carolina Short Answer In North Carolina, undoing a court-approved guardian sale to a good‑faith buyer is rare and typically requires proof of fraud or a fatal procedural defect. The usual path is to open the estate, force a full final…
What debts and creditor claims must be addressed before distributing a decedent’s estate under probate? – North Carolina Short Answer In North Carolina, an executor must pay estate costs and the family’s year’s allowance first, then pay creditors in a strict statutory order, before making any distributions. Creditors must be given notice and a chance…
Can I do a simplified probate to change the title without full estate administration? – North Carolina Short Answer Yes. In North Carolina, you can usually clear title to real estate by probating the will without qualifying a personal representative. Filing a will without probate is not enough. You must offer the will for probate…
How do I sell or distribute proceeds from property inherited under a will? – North Carolina Short Answer In North Carolina, you must first probate the will with the Clerk of Superior Court before you can sell estate real estate or distribute proceeds. If the will gives the personal representative title or a power of…
Do I need to file the will in North Carolina to retitle inherited property? – North Carolina Short Answer Yes. In North Carolina, you generally must offer the will for probate with the Clerk of Superior Court before the will is effective to pass or clear title to real estate. There is no overall deadline…
What are the steps to open probate years after a parent’s death to clear a deed? – North Carolina Short Answer In North Carolina, you may offer a will for probate even years after death. To clear title, file the original will with the Clerk of Superior Court in the proper county and either (a)…
Can my siblings renounce priority or waive bond so I can serve as administrator without posting bond? – North Carolina Short Answer Yes. In a North Carolina intestate estate, siblings with equal priority can renounce their right to serve and nominate you. You may serve without bond only if you are a North Carolina resident,…