News and Articles

How Selling an Estate Property Affects Inheritance and the Order of Debt Payments in North Carolina Detailed Answer When a person dies, their assets—real estate included—pass into an estate. The personal representative (sometimes called an executor) inventories all assets and notifies creditors. If the estate lacks sufficient cash to pay debts and expenses, the representative…

What Happens to a Decedent’s Tenants in Common Property Share in North Carolina if They Die Without a Will? Detailed Answer In North Carolina, when someone owns real estate as tenants in common, each co-owner holds an independent share. Unlike joint tenancy, there is no right of survivorship. If a co-tenant dies without leaving a…

Detailed Answer If you live outside North Carolina and need to become guardian of an adult relative who cannot make decisions for themselves, you can still petition the North Carolina court that has jurisdiction over the proposed ward’s residence. North Carolina law (Chapter 35A of the North Carolina General Statutes) sets out clear steps to…

What steps should a North Carolina personal representative take if estate funds are misappropriated at a real estate closing? Detailed Answer When estate funds disappear during a real estate closing, a personal representative must act quickly. North Carolina law holds fiduciaries to strict duties. You must protect the estate from further loss and seek recovery.…

How to Apply for and Use an Estate EIN in a North Carolina Probate Case Detailed Answer When someone passes away, the personal representative (formerly called executor) of the estate must manage financial affairs on behalf of heirs and creditors. One crucial step is obtaining an Employer Identification Number (EIN) for the estate. The estate…

How to Claim a State of North Carolina Decedent’s Uncollected Retirement Account When They Died Intestate 1. Detailed Answer When someone in North Carolina dies without a will (intestate), any retirement accounts they left behind and did not collect become part of their estate if they lack a valid beneficiary designation. To claim those funds,…

How to Finalize a Partition and Update Deeds After a Land Recombination Survey in North Carolina 1. Detailed Answer When multiple owners share land, a partition action divides or sells the property so each owner gets a clear interest. After a licensed surveyor completes a land recombination survey, you must record the court’s partition decree,…

What options do co-heirs in North Carolina have to resolve a property dispute when a co-owner demands buy-out or division? Detailed Answer When multiple heirs inherit real estate in North Carolina, they often become tenants in common. Each heir owns an undivided share of the whole property. If one co-owner demands a buy-out or physical…

Why does North Carolina list real estate in Part Two of the probate inventory, and how can it cover debts? Detailed Answer When someone dies in North Carolina, the personal representative (also called executor or administrator) must file a detailed listing of the estate’s assets with the clerk of superior court. Under G.S. 28A-14-2, this…

How does a receipt and refunding agreement accelerate interim estate distributions without court petitions in North Carolina? 1. Detailed Answer In North Carolina probate, a personal representative normally must wait to resolve creditor claims and meet statutory waiting periods before distributing estate assets. Under N.C. Gen. Stat. § 28A-15-10, a personal representative may make interim…

How to Access Life Insurance Proceeds for a Minor Beneficiary in North Carolina Probate Detailed Answer When a minor inherits life insurance proceeds in North Carolina, the insurance company cannot pay those funds directly to the child. State law requires that an adult take legal responsibility for managing the proceeds until the minor reaches the…

What are my options to object to an improper personal representative appointment in a North Carolina probate case? Detailed Answer When someone applies to serve as a personal representative for an estate in North Carolina, the clerk of superior court evaluates their qualifications under N.C. Gen. Stat. §​28A-6-2. You may believe the proposed representative lacks…

How can I find and claim uncollected life insurance benefits for a deceased parent in North Carolina? Detailed Answer Losing a parent is hard enough without worrying that life insurance proceeds might go unclaimed. In North Carolina, life insurance benefits that remain uncollected for five years after the policy matures or after the insured’s death…

Detailed Answer When a court in North Carolina appoints a personal representative who lives outside the state, the representative must designate a resident process agent. This agent receives legal papers, such as subpoenas and motions, on the personal representative’s behalf. North Carolina courts do not allow out-of-state personal representatives to rely solely on mail or…

Protecting Your Rights When a Co-owner Disputes Your Interest in an Inherited Property in North Carolina Detailed Answer When you inherit real estate in North Carolina with another person, the law generally treats you as tenants in common. That means each of you owns an undivided share. A disagreement over your share can become costly…

How can I update a deed to remove a deceased co-owner’s name and secure a clear title in North Carolina? 1. Detailed Answer When a co-owner of real estate dies, you must update the deed to reflect sole ownership and ensure a clear title. North Carolina law offers two primary pathways, depending on how the…

What legal steps can heirs take to address an executor’s mismanagement during North Carolina probate? Detailed Answer Heirs rely on an executor to protect and manage estate assets. Under North Carolina law, an executor must gather assets, pay valid debts, and distribute property according to the will. See N.C. Gen. Stat. § 28A-16-1 for executor…

How to Access Frozen Assets and Start Probate When No Personal Administrator Has Been App1ointed Detailed Answer When someone dies, banks and brokerage firms often freeze accounts. No one may withdraw or transfer funds without court authorization. In North Carolina, you must appoint a personal representative before you can unfreeze and use those assets. This…

What legal options do heirs have for selling or partitioning a co-owned inherited property in North Carolina? 1. Detailed Answer When multiple heirs inherit real estate in North Carolina, they hold the property as tenants in common. Each heir owns an undivided share. This arrangement can lead to disputes when one or more heirs want…

Can estate funds be used to pay property taxes on inherited real property after title transfer in North Carolina? Detailed Answer Under North Carolina law, the personal representative of an estate must pay all valid debts and administration expenses before distributing assets to beneficiaries. Property taxes on real estate owned by the decedent constitute a…