FAQ 1: What can I do if my co-administrator is threatening my removal and mismanaging estate assets? In North Carolina, co-administrators share equal authority to manage an estate. If one co-administrator threatens removal or acts in ways you believe breach fiduciary duties, you have clear statutory remedies. Under N.C. Gen. Stat. § 28A-15-2, any interested…
How Do I Probate a Lost Will in Randolph County, North Carolina? North Carolina law provides a clear path to probate a will that the original custodian has lost or cannot produce. Under N.C. Gen. Stat. § 31-7.1, you may present a copy of the will along with testimony or affidavits explaining why the original…
FAQ: Who Is Responsible for Paying Mediation Fees in a North Carolina Probate Dispute? Mediation has become a preferred method for resolving disputes among heirs and co-owners of estate property in North Carolina. Unlike a contested hearing before the clerk of superior court, mediation allows everyone to negotiate on their own terms. But one common…
What steps must I take to settle creditor claims and distribute assets in a North Carolina intestate estate? When someone dies without a will in North Carolina, a personal representative (administrator) opens an intestate estate. You must handle three core duties: identify heirs, notify and satisfy creditors, and distribute assets. In Wake County—or your home…
How Do I Open an Intestate Estate in Moore County and Protect My Child’s Inheritance When the Surviving Spouse Has Only Filed a Spousal Allowance? When someone dies without a valid will in North Carolina, their estate passes under the statutes of intestacy. In Moore County, the first step is filing a Petition for Letters…
1. Why Must I Open an Estate in Orange County to Access State Retirement or Insurance Benefits? If your mother had no named beneficiary on her state retirement account or insurance policy, North Carolina treats those proceeds as an asset of her estate. When she passed away on January 27th as an Orange County resident,…
FAQ: Can I submit the original will to the Forsyth County Clerk of Court myself and save on travel fees? Yes. Under North Carolina law you must present the original will to the clerk’s office for probate. N.C. Gen. Stat. § 28A-6-1 requires the “original will and codicils” be exhibited to the clerk. However, you…
FAQ: How Do I Open an Intestate Estate and Become Administrator in Wake County, NC? When someone dies without a valid will in North Carolina, the estate is “intestate” and the clerk of superior court appoints an administrator to settle debts and distribute assets under Chapter 28A of the North Carolina General Statutes. In Wake…
How Do Beneficiary-Designated Accounts Like POD or Transfer-on-Death Savings Accounts Affect North Carolina Probate? In North Carolina, assets held with beneficiary designations—such as “Payable on Death” (POD) bank accounts or Transfer-on-Death registrations—bypass probate entirely. When a decedent names a beneficiary on a savings account, the financial institution must release funds directly to that person upon…
FAQ 1: What steps must I follow to file and complete a partition action to sell co-owned real property in North Carolina? A partition action under North Carolina law lets any tenant in common—or their heir, devisee or personal representative—ask a superior court to divide or sell jointly owned land. Under N.C.G.S. § 46-4, you…
