Understanding Continuances in North Carolina Probate Hearings
In North Carolina probate, you schedule hearings under N.C.G.S. § 28A-15-1. A continuance delays a scheduled hearing to a later date. To request one, file a written motion for continuance with the clerk or judge assigned to your case. State your reasons clearly, propose a new hearing date, and attach a copy of the original hearing notice. Serve the motion on all interested parties or their attorneys as soon as possible. The court reviews your request and, if it finds good cause—such as incomplete inventories, scheduling conflicts, or the need for more time to gather evidence—it issues an amended hearing order. Once the clerk enters this order, you must serve it on all interested parties and confirm the new date.
How to Settle Refinancing Terms for Estate Property
After the court appoints you as personal representative, you may refinance estate real property to pay debts, taxes, or expenses. North Carolina law allows this under N.C.G.S. § 28A-15-2. If you want to refinance to lower an interest rate or extend loan terms, you must petition the court for authority to execute a new mortgage. Include the existing deed of trust, proposed loan documents, and a recent professional appraisal. File the petition in the clerk’s office and serve it on heirs, beneficiaries, and creditors at least 10 days before the hearing. At the hearing, the court ensures the refinancing terms protect estate assets and serve the best interests of beneficiaries. If approved, the court issues an order authorizing you to sign the refinancing documents. After recording the new deed of trust, you complete the refinancing transaction with the lender.
Key Steps to Continue a Probate Hearing
- Draft a motion for continuance stating clear reasons.
- File the motion with the probate clerk or judge per N.C.G.S. § 28A-15-1.
- Serve all interested parties and their counsel.
- Confirm local court rules or standing orders for timing requirements.
- Obtain and serve the court’s amended hearing order.
Key Steps to Obtain Court Approval for Refinancing
- Review N.C.G.S. § 28A-15-2 for authority to mortgage estate property.
- Gather the original deed of trust, proposed loan documents, and a professional appraisal.
- Draft and file a petition for refinancing approval.
- Serve heirs, beneficiaries, and creditors at least 10 days before the hearing.
- Present and justify the refinancing terms at the court hearing.
- Record the court-approved new deed of trust and finalize the refinance.
Probate rules can feel complex. If you need help continuing a hearing or securing court approval for refinancing estate property in North Carolina, turn to Pierce Law Group. Our attorneys combine deep experience in probate administration with clear guidance. Email us at intake@piercelaw.com or call (919) 341-7055 to discuss your case today.
