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 claim surplus funds from a foreclosure sale when a life tenant had an interest in the property? — North Carolina Short Answer In North Carolina, the trustee deposits any surplus from a foreclosure sale with the Clerk of Superior Court. To claim it when a life tenant had an interest, file a…
Do I need to update my estate planning documents when I relocate to a new state? — North Carolina Short Answer In North Carolina, a will that was valid where it was signed (or where you lived when you signed it) is generally valid here, and a will that was made “self‑proved” under another state’s…
Can I petition the probate court to force a sale of the house to pay creditors when I’m executor and the life tenant won’t maintain it? — North Carolina Short Answer Yes. In North Carolina, an executor or administrator can ask the Clerk of Superior Court for an order to sell real property when estate…
What happens to mortgage payments and utilities while an estate is in probate in North Carolina? — North Carolina Short Answer In North Carolina, the home generally passes to the heirs at death, and they are typically responsible for ongoing costs like the mortgage, taxes, insurance, and utilities unless the personal representative (PR) takes possession…
How do I decide which assets to list on a North Carolina small estate affidavit and which ones I can leave blank or put zero for? — North Carolina Short Answer List only the decedent’s probate personal property—things owned in the decedent’s name alone at death—on the small estate affidavit. Do not include non‑probate assets…
Do I need to include assets that passed by right of survivorship to my mother on the inventory? — North Carolina Short Answer Usually, you do not list survivorship assets as “property of the estate” on the 90‑day inventory. In North Carolina, the inventory must include probate assets and also list any nonprobate assets that…
What steps do I need to open an estate for my sibling’s house in North Carolina when he died without a will? — North Carolina Short Answer In North Carolina, an heir can apply with the Clerk of Superior Court in the county where your sibling lived to be appointed administrator of the intestate estate.…
How can I find a missing parent as a next-of-kin during probate? — North Carolina Short Answer In North Carolina probate, the personal representative must make a good‑faith effort to locate all heirs, including a missing parent. If the parent’s name is known but you cannot find them, you can hold their share with the…
How do I find out if the bank account is under the $20,000 limit so I can use the small estate process? — North Carolina Short Answer In North Carolina, you can use the small estate “collection by affidavit” process if the total value of the decedent’s probate personal property—after subtracting liens and encumbrances—is $20,000…
How can I use a small estate affidavit in North Carolina to claim my father’s bank account after he died? — North Carolina Short Answer In North Carolina, you can use a small estate affidavit to collect your father’s bank account if at least 30 days have passed since his death and the estate’s personal…
What does it mean when a judge dismisses my partition case with prejudice? — North Carolina Short Answer In North Carolina, a dismissal “with prejudice” is a final judgment that ends your partition case and bars you from refiling the same claim about the same property against the same parties. Your options shift from starting…
What options do I have to force the sale or division of real property I still co-own with my ex after our divorce in North Carolina? — North Carolina Short Answer In North Carolina, any co-owner can file a partition proceeding to divide the property or have it sold. The Clerk of Superior Court presides…
If I’m appointed guardian of the person, do I automatically become guardian of the estate or do I need a separate appointment in North Carolina? — North Carolina Short Answer No. In North Carolina, a guardian of the person makes care decisions and does not automatically have authority over money or property. To manage finances,…
Do I need to file a federal tax return for the estate if no distributions were made from any accounts? — North Carolina Short Answer Usually no. A federal estate income tax return (IRS Form 1041) is required if the estate had $600 or more in gross income during its tax year or if any…
How do I get brokerage account assets transferred into the estate checking account? — North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) must first qualify with the Clerk of Superior Court and open an estate checking account using the estate’s EIN. Then, ask the brokerage to retitle the decedent’s account…
How do I sell a co-owned property in North Carolina to cover funeral and property tax expenses? — North Carolina Short Answer In North Carolina, you can sell co-owned real estate in two main ways when you need funds for funeral costs and property taxes. If the decedent’s estate needs cash to pay claims, the…
How can I find out exactly where the sale proceeds from my dad’s house will go? — North Carolina Short Answer In North Carolina, where sale proceeds go depends on who sold the property and why it was sold. If a personal representative sold it to pay estate debts, the money first pays property liens…
What happens if someone is squatting in the property before it’s sold and how can we get them removed? — North Carolina Short Answer In North Carolina probate, the personal representative (PR) can secure estate real property and remove unauthorized occupants. If the PR already has the right to possess the property (for example, the…
How can I confirm that the executor correctly calculated my percentage share from the sale of my sibling’s house under North Carolina probate rules? — North Carolina Short Answer Start by reviewing the estate’s accounting filed with the Clerk of Superior Court. In North Carolina, sale proceeds are reduced by liens, closing costs, and allowed…
Can a prenuptial agreement between my mother and her spouse affect the life estate provisions or my share of her estate in North Carolina, and what can I do if the executor refuses to provide it? — North Carolina Short Answer Yes. In North Carolina, a valid premarital (prenuptial) agreement can waive a spouse’s statutory…