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 file a partition action to force a sale of the house co-owned with my sister who won’t sign off? — North Carolina Short Answer In North Carolina, you file a partition proceeding with the Clerk of Superior Court in the county where the property sits. The court prefers to divide property in-kind…
Can I require a co-owner to provide mortgage statements and repair receipts before dividing the sale proceeds? — North Carolina Short Answer Not by yourself. In North Carolina, you can request the court in a partition case to require a co-owner to disclose mortgage statements, tax and insurance records, and repair invoices before the court…
How can I force the sale of a house I own with two other co-owners when we can’t agree? — North Carolina Short Answer In North Carolina, any co-owner can file a court proceeding called a partition. The court first tries to split the property fairly (partition in kind). If that’s not practical or would…
How are unauthorized charges to my parent’s estate dealt with through the probate process? — North Carolina Short Answer In North Carolina, the clerk of superior court audits estate accounts and can disallow unauthorized charges. Any interested heir, devisee, or creditor may ask the clerk to require a full accounting and challenge improper expenses. The…
How can I regain control of a deceased parent’s bank and credit card accounts if someone else is using them after her death? — North Carolina Short Answer In North Carolina, only a court‑appointed personal representative (executor or administrator) or a qualified small‑estate affiant has legal authority to take control of a decedent’s financial accounts.…
What steps do I need to file a partition action in North Carolina to split inherited property when a co-owner won’t cooperate? — North Carolina Short Answer In North Carolina, you file a special proceeding for partition in the county where the land sits. The Clerk of Superior Court starts the case, ensures all co-owners…
What is the process to file a partition action to force sale of my parents’ house or make my sibling buy out my share? — North Carolina Short Answer In North Carolina, any co-owner can start a partition case with the clerk of superior court to either divide co-owned real estate or sell it and…
What obligations does someone with a life estate have to repair and care for the property? — North Carolina Short Answer In North Carolina, a life tenant must keep the property in reasonable repair, pay routine costs like property taxes, insurance, and ordinary maintenance, and avoid “waste” that would harm the property’s value for the…
How do we secure and inventory the house and prevent siblings from taking belongings before I am appointed Administrator of the estate? — North Carolina Short Answer Until the court appoints you, you have little legal authority to control the home or its contents. The fastest lawful fix is to ask the clerk to appoint…
What happens if some heirs refuse mediation or won’t sign off—can I still force a sale of the property? — North Carolina Short Answer Yes. In North Carolina, you do not need every heir’s signature to move forward. If co-owners (heirs) cannot agree, you can file a partition action. The court can first order mediation;…
What happens after the 90-day waiting period for an unclaimed property claim? — North Carolina Short Answer In North Carolina, the State Treasurer should decide a completed unclaimed property claim within about 90 days. If your claim is approved, the Treasurer issues payment or delivers the asset. If the claim is incomplete, you will be…
How can I get appointed administrator of my dad’s estate when he died without a will? — North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where your dad lived at death to be appointed “administrator.” The clerk follows a priority list (spouse first, then heirs/next…
What is the order of succession among children for estate administration when there is no will? — North Carolina Short Answer In North Carolina, if there is no will, all adult children stand on equal footing to apply to serve as administrator—unless a surviving spouse applies first, because the spouse has higher priority. If multiple…
What steps do I need to get court approval to sell the house and pay off the mortgage? — North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) generally needs a court order from the Clerk of Superior Court to sell estate real estate unless the will clearly authorizes a sale.…
Can I use payable-on-death accounts to pay estate creditors if other assets aren’t enough? — North Carolina Short Answer Yes—under North Carolina law, funds in payable-on-death (POD) accounts are nonprobate and pass to the named beneficiary, but the personal representative can reclaim the amount needed to pay valid estate debts if the estate’s assets are…
What happens if a creditor files a claim after the 90-day notice period ends? — North Carolina Short Answer Under North Carolina’s “nonclaim” statute, most creditor claims that are not presented by the deadline are forever barred. If the personal representative properly published the notice to creditors and mailed notice to any known or reasonably…
How can I set up an estate bank account using the IRS EIN for my deceased parent? — North Carolina Short Answer In North Carolina, you open an estate bank account after you qualify with the Clerk of Superior Court as the personal representative and receive Letters (Letters Testamentary or Letters of Administration). Then you…
How do I claim my share of my mother’s estate in North Carolina if she died without a will? — North Carolina Short Answer In North Carolina, if your mother died without a will (intestate), her probate assets are divided by statute. After debts and allowed expenses, the surviving spouse (if any) takes a statutory…
What evidence do I need to show undue influence or lack of capacity when signing a will? — North Carolina Short Answer In North Carolina, you prove lack of capacity with evidence that, at the time of signing, the person didn’t understand who their family/beneficiaries were, what they owned, how the will worked, or its…
What is the deadline for contesting a will in North Carolina? — North Carolina Short Answer In North Carolina, you generally have three years from the date a will is admitted to probate in common form to file a caveat (will contest). You cannot file a caveat until the will has been probated. If the…