Detailed Answer
When someone dies without a will in North Carolina, the estate is “intestate.” You must open probate and secure a court appointment to manage and distribute the assets. Follow these steps to recover property an in-law transferred improperly.
1. Petition for Letters of Administration
File a petition with the Clerk of Superior Court in the county where the decedent lived. You request “Letters of Administration,” which authorize you to act as the personal representative. See N.C. Gen. Stat. § 28A-6-1.
2. Identify Heirs and Give Notice
Under N.C. Gen. Stat. § 28A-10-1, prepare an inventory of assets and list heirs according to N.C. Gen. Stat. § 29-14. Publish notice to creditors and notify distributees by mail under N.C. Gen. Stat. § 28A-14-1.
3. Locate and Secure Assets
Search bank records, title transfers, and personal property. If an in-law took or transferred assets after death, you may file a “citation to discover assets” to force production of records.
4. Demand Return or File a Surcharge/Conversion Claim
If the in-law refuses to return property, send a formal demand letter. If that fails, you can:
- Ask the court to surcharge the personal representative who allowed improper transfer (N.C. Gen. Stat. § 28A-12-1).
- File a separate action for conversion within three years (N.C. Gen. Stat. § 1-539).
5. Close the Estate
Once assets return or you obtain damages, prepare a final account. Ask the court to approve distributions to heirs and discharge your duties as personal representative (N.C. Gen. Stat. § 28A-17-1).
Key Steps Checklist
- Confirm there is no valid will.
- File petition for Letters of Administration (§ 28A-6-1).
- Identify and notify heirs and creditors.
- Search for hidden or improperly transferred assets.
- Serve a citation to discover assets.
- Demand return or file surcharge/conversion claims.
- Prepare inventory and accountings.
- Distribute assets and close the estate (§ 28A-17-1).
Contact Pierce Law Group
Recovering assets from an intestate estate can pose challenges. At Pierce Law Group, our attorneys guide you through each step. To discuss your situation, email intake@piercelaw.com or call (919) 341-7055.
