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.
Do I need an attorney to serve as a process agent when I’m out of state? – North Carolina Short Answer No. North Carolina law requires a nonresident personal representative to appoint a North Carolina resident process agent, but that person does not have to be an attorney. Any responsible North Carolina resident with a…
What are my rights to real property that passed to the surviving spouse outside of probate? – North Carolina Short Answer In North Carolina, if a home was owned by the decedent and surviving spouse as tenants by the entirety, it passes to the surviving spouse automatically at death and is not part of the…
What steps can I take if the year’s allowance petition has taken the first share of personal property and other assets aren’t disclosed? – North Carolina Short Answer In North Carolina, a spouse’s year’s allowance is paid from the decedent’s personal property, takes priority over most claims, and in a will-based estate is charged against…
How do I make sure all of my grandmother’s estate assets are identified and distributed correctly? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court oversees probate and can require the person holding the will to file it, and the personal representative to inventory assets and account for distributions. Beneficiaries may…
Can I compel the executor to provide details on CDs and undisclosed estate accounts? – North Carolina Short Answer Yes. In North Carolina, you can (1) ask the Clerk of Superior Court to order production of the will, (2) compel the executor to file the required inventory and accountings, and (3) seek an examination of…
What alternatives exist when no executor is willing to open probate for an insolvent estate? – North Carolina Short Answer North Carolina offers several ways to handle a vehicle and small assets without full probate when no one will serve as executor. Common options include: assigning the car through the Clerk’s year’s allowance, transferring title…
How can I force my grandmother’s spouse to file her will with the court? – North Carolina Short Answer In North Carolina, you can file a sworn application with the Clerk of Superior Court asking the court to order the person holding the will to produce it. The clerk issues a summons requiring that person…
How can I transfer a vehicle titled in decedent’s name to a surviving parent without opening probate under the year’s allowance provision? – North Carolina Short Answer In North Carolina, the year’s allowance only covers a surviving spouse and certain children, not a parent. To transfer a decedent’s vehicle to a surviving parent without opening…
Can I serve as administrator or transfer assets if named executors refuse to handle an insolvent estate? – North Carolina Short Answer Yes. In North Carolina, if the will’s named executors will not serve, the Clerk of Superior Court can appoint an administrator with the will annexed (administrator c.t.a.) after the will is probated and…
What is the process to request a year’s allowance for a vehicle in an insolvent estate? – North Carolina Short Answer In North Carolina, a vehicle can be assigned to the surviving spouse (or to an eligible child) as part of a year’s allowance by filing an Application and Assignment of Year’s Allowance (AOC‑E‑100) with…
How can I get a summary administration order when I don’t have a certified original will? – North Carolina Short Answer In North Carolina, a summary administration order is available only when the surviving spouse is the sole devisee or heir. If the decedent had a will, the will must be admitted to probate first.…
What documents and affidavits are needed to satisfy the DMV’s summary administration requirements? – North Carolina Short Answer In North Carolina, the DMV will retitle a deceased owner’s vehicle when you present a certified, court-sealed Order of Summary Administration issued by the Clerk of Superior Court. To get that order, the surviving spouse files a…
How do I start probate just to fund the trust for assets not transferred into it? – North Carolina Short Answer In North Carolina, you open an estate with the Clerk of Superior Court, probate the will (often a pour-over will), and qualify as personal representative so you can collect probate assets, pay claims, and…
What happens if bank accounts or vehicles weren’t retitled into the trust before they died? – North Carolina Short Answer In North Carolina, any bank accounts, vehicles, or other assets not titled to the trust at death generally remain in the decedent’s name and must be handled through probate unless they have a valid beneficiary…
How can I confirm which assets my parent put in a living trust and which stayed in their name? – North Carolina Short Answer In North Carolina, you confirm trust funding by checking how each asset was titled at your parent’s death. Property retitled to the trustee (by deed, assignment, or account agreement) is in…
What documents are needed to file the petition to fund my parent’s trust through probate? – North Carolina Short Answer In North Carolina, you generally open an estate, probate the will (often a pour-over will), and have the personal representative transfer unfunded assets into the trust. To file, bring the original will and any codicils,…
How does adverse possession affect my right to claim part of the family land not listed in the deed? – North Carolina Short Answer In North Carolina, you can claim land by adverse possession if you prove actual, open, continuous, exclusive, and hostile possession for the required time (typically 20 years, or 7 years with…
How can I confirm whether the second parcel not described in the deed actually belongs to our estate? – North Carolina Short Answer In North Carolina, you confirm ownership by proving a clear chain of title and, if needed, asking the court to decide title before the land can be partitioned. Start with a certified…
Do I need to appoint a guardian ad litem for a minor heir when filing a partition petition? – North Carolina Short Answer Yes. In a North Carolina partition special proceeding, a minor co-owner cannot appear on their own. The Clerk of Superior Court will require that the minor be represented—either by an existing court‑appointed…
What steps do I take to file a partition petition for co-owned inherited property? – North Carolina Short Answer In North Carolina, you start a partition as a special proceeding before the Clerk of Superior Court in the county where the land is located. You file a verified petition naming all co-owners and required parties,…