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.
Overview: Paying Court Fees and Attorney Services from Estate Assets When you serve as a personal representative in North Carolina, you handle estate assets to settle debts and distribute inheritances. Two common expenses are probate court fees and attorney’s services. State law allows you to pay these expenses from the estate principal, provided you follow…
What steps must an out-of-state heir follow to open intestate estate administration in North Carolina? Detailed Answer When someone dies without leaving a valid will in North Carolina, the estate passes by intestate succession under G.S. 28A-2-1. An out-of-state heir who wants to serve as personal representative must follow specific steps to open the estate…
What happens to a gift when the sole beneficiary under a will dies before the testator in North Carolina? Detailed Answer When a will provides a gift to a beneficiary who dies before the testator, North Carolina law generally treats that gift as lapsed. Under N.C. Gen. Stat. § 31-42, a lapsed gift fails unless…
Recovering Surplus Funds After a Mortgage Foreclosure Sale in North Carolina Detailed Answer When a lender forecloses on real property and sells it at auction, sale proceeds may exceed the amount owed. North Carolina law requires that any surplus go to the former owner of the property. To recover these funds, you must act within…
How to Verify if an Estate Is Open and Obtain a Copy of the Will in North Carolina Detailed Answer When a person dies, their estate often goes through probate. Probate is the court-supervised process that validates a will, identifies estate assets, pays debts and distributes the remaining property. Each probate case creates a public…
How can I check if a partition petition has been filed in North Carolina and what should I do next? Detailed Answer When co-owners of real property cannot agree on sale or division, one party may file a partition petition under North Carolina law. To protect your interests, you should first confirm whether a petition…
How do I file a petition to probate a lost will in North Carolina under N.C. Gen. Stat. § 28A-6-2? Detailed Answer When a will cannot be located after a testator’s death, North Carolina law provides a clear pathway to probate that lost document. Under N.C. Gen. Stat. § 28A-6-2, the court may admit a…
How Can Heirs Force Sale of Inherited Real Property in North Carolina When a Co-Owner Refuses to Cooperate? Detailed Answer When someone inherits real property in North Carolina alongside other heirs, each heir holds an undivided interest as tenants in common. If one co-owner refuses to agree to a sale or deed transfer, the other…
How do I petition a North Carolina probate court for possession, control, custody, and sale of estate real property? 1. Detailed Answer When a loved one passes away leaving real property, you often need court approval before you can manage or sell that asset. In North Carolina, the personal representative (formerly called executor or administrator)…
What steps are required to create a valid living will in North Carolina? Detailed Answer A living will in North Carolina is called a Declaration of a Desire for a Natural Death. It lets you state your wishes about life-sustaining treatment if you become terminally ill or permanently unconscious. The key steps follow North Carolina…
What information must be included in North Carolina’s probate inventory and appraisement under North Carolina law? Detailed Answer When someone dies in North Carolina and you serve as the personal representative (formerly called executor), you must prepare two key filings for the clerk of superior court: the probate inventory and the appraisement. These requirements appear…
How do I file an extension for the probate inventory deadline in North Carolina? Detailed Answer When you serve as a personal representative in North Carolina, the court requires you to file a complete inventory of the estate’s assets within 90 days after your appointment. See N.C. Gen. Stat. § 28A-13-1. If you cannot meet…
When Should I Use a Small Estate Affidavit Instead of Full Probate Administration in North Carolina? Detailed Answer In North Carolina, you may choose a Small Estate Affidavit when the decedent’s personal property subject to administration totals $20,000 or less and no estate administration petition exists. This streamlined process, governed by N.C. Gen. Stat. §…
What is the process for filing a Small Estate Affidavit in North Carolina for estates under $20,000? Detailed Answer When someone passes away in North Carolina with assets valued at $20,000 or less (excluding certain exempt property), family members can use a Small Estate Affidavit to transfer personal property without formal probate. The process is…
Understanding Your Rights in North Carolina Probate Accounting When someone you love passes away, the personal representative (sometimes called the executor) oversees collecting assets, paying debts and taxes, and distributing what remains to heirs. Throughout this process, the personal representative must prepare an accounting showing every transaction. North Carolina law gives heirs the right to…
How Can Heirs Force Sale of Inherited Real Property When a Co-owner Refuses to Cooperate in North Carolina? Detailed Answer When a decedent leaves real property to multiple heirs in North Carolina, each heir owns an undivided interest in the entire parcel. If one co-owner declines to agree on sale or distribution of the property,…
How to Remove a Beneficiary from Your Will in North Carolina Detailed Answer When you want to remove someone named in your will, you must follow the same formalities required to create or change a will in the State of North Carolina. You have two main options: create a codicil or draft a new will.…
How can someone confirm qualification as an interested person or beneficiary under a will in North Carolina? Detailed Answer Under North Carolina law, anyone who may be entitled to notice or to share in an estate qualifies as an interested person or beneficiary. To confirm your status, follow these steps: Locate the will. Obtain the…
How Can I Determine Which Assets Require Full Probate Administration Versus Those That Bypass Probate in the State of North Carolina? 1. Detailed Answer When someone dies in North Carolina, their estate may include assets that must go through full probate administration and assets that pass outside probate. Understanding the distinction helps you plan and…
What steps can I take to remove a mismanaging co-administrator and appoint a successor under North Carolina probate law? Detailed Answer Under North Carolina law, a personal representative—whether an executor or administrator—must manage estate assets responsibly and in the best interests of the heirs and creditors. If a co-administrator mismanages the estate through misconduct, neglect…