News and Articles

What steps do I take to authorize my attorney to obtain bank statements and close my grandparent’s accounts? – North Carolina Short Answer In North Carolina, only a duly qualified personal representative (executor or administrator) with issued Letters has authority to collect a decedent’s bank records and close accounts. To authorize your attorney, give the…

How can I file a partition action to sell intestate property and get a clear title? – North Carolina Short Answer In North Carolina, a co-owner (heir) may file a partition proceeding with the Clerk of Superior Court in the county where the land sits. The court must first decide whether to divide the land…

What steps do I need to identify and notify all heirs before selling estate land? – North Carolina Short Answer In North Carolina, you must identify every heir who owns an interest in the land and give each proper legal notice before a partition sale or any court-ordered estate sale can proceed. Known heirs are…

How do co-administrators close probate when estate funds must be divided proportionally? – North Carolina Short Answer In North Carolina, co-administrators can close an intestate estate once claims are paid, heirs and their shares are identified, and proportional distributions are made or provided for. If any heir is unknown or cannot be found, the law…

What do we need to do to identify and notify all potential heirs in a partition proceeding? – North Carolina Short Answer In North Carolina, you must first determine who the heirs are, then make every co-tenant a party to the partition case and properly serve them. If any heirs are unknown, the personal representative…

How can we start a partition action to force the sale of our cousin’s property? – North Carolina Short Answer In North Carolina, a co-owner starts a partition by filing a special proceeding with the Clerk of Superior Court in the county where the land sits. If the land is inherited “heirs’ property,” the court…

Can carrying costs of the property be paid from sale proceeds in a partition action? – North Carolina Short Answer Yes. In a North Carolina partition sale, the Clerk of Superior Court typically directs that reasonable sale costs (commissioner/broker fees, advertising, recording) and liens/taxes be paid first from the gross proceeds. The clerk may also…

Who has rights to property held as tenants in common by the decedent’s parents? – North Carolina Short Answer In North Carolina, if a deed lists the decedent’s parents as tenants in common, only those parents hold present rights to that land. A tenant in common’s share does not pass by survivorship; when a parent…

Can I amend the probate inventory later to include assets found after filing? – North Carolina Short Answer Yes. In North Carolina, you must file the initial inventory within three months of qualifying, and then file a supplemental inventory any time you discover assets you did not list or learn a listed value was wrong.…

Could a nursing home or Medicaid place a claim on property owned by a sibling of the decedent? – North Carolina Short Answer In North Carolina, a nursing home or Medicaid may file a claim against the decedent’s estate—not against property owned solely by a sibling. Creditors can reach only assets the decedent owned at…

What happens if I discover money in a bank or credit union account after I submit a blank inventory? – North Carolina Short Answer In North Carolina, if you discover an estate asset after filing your inventory, you must promptly file a supplemental inventory with the Clerk of Superior Court. If you filed a blank…

What steps do I need to take to claim my share of the marital home through probate? – North Carolina Short Answer In North Carolina, a surviving spouse can protect rights in the marital home by electing a life estate in the dwelling and/or filing a spousal elective share claim. If the home was owned…

How do I enforce recovery of unpaid spousal support from my late spouse’s estate? – North Carolina Short Answer In North Carolina, you enforce unpaid spousal support that was due before death by filing a written creditor claim in the estate within the claims period set by the estate’s notice to creditors. If the personal…

Can I prevent the children from evicting me from the home while the estate is being administered? – North Carolina Short Answer Yes, in many North Carolina estates you can stop an eviction while administration is ongoing. Only a duly appointed personal representative, acting with proper court authority, can seek to remove an occupant from…

How can I become the administrator of my mother’s estate when there’s no will and my sibling waives the right? – North Carolina Short Answer In North Carolina, an heir can apply to serve as administrator of an intestate estate by filing an application with the Clerk of Superior Court in the county where the…

Can I sell co-owned real estate in probate to pay off debts and split the proceeds with other family members? – North Carolina Short Answer Yes, under North Carolina law the estate’s personal representative can ask the Clerk of Superior Court for authority to sell real estate when money is needed to pay valid estate…

What steps do I need to take to notify creditors and settle my mother’s debts through probate? – North Carolina Short Answer In North Carolina, after you qualify as administrator, you must publish a Notice to Creditors once a week for four weeks and mail the notice to all known or reasonably ascertainable creditors within…

How do I access my mother’s bank account and obtain a title for her car without a will? – North Carolina Short Answer In North Carolina, you generally access a deceased parent’s bank account either by qualifying as the estate’s Administrator and using Letters of Administration, or—if total personal property is small—by using a collection-by-affidavit…

Will I have to post a bond to serve as estate administrator if my co-heir agrees to waive that requirement? – North Carolina Short Answer In North Carolina, an administrator generally must post a bond before the Clerk of Superior Court issues Letters of Administration. However, if you are a North Carolina resident and all…

What documents should I gather to notify creditors and submit claims against the estate? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court issues Letters Testamentary, the executor must publish a general Notice to Creditors and mail personal notice to known or reasonably ascertainable creditors within 75 days. Claims must…