What steps should I take if a probate partition document lists the wrong property and I can’t locate the surviving spouse’s contact information in North Carolina?
Detailed Answer
When a probate partition document names the wrong property and you lack the surviving spouse’s contact details, act quickly. In North Carolina, probate matters require accurate legal descriptions and proper notice under Chapter 28A of the North Carolina General Statutes.
1. Confirm and Correct the Property Description
Compare the legal description in the partition petition with the deed recorded in the public registry. If they differ, file a motion to amend the petition. Under Rule 15 of the North Carolina Rules of Civil Procedure, you can correct errors in pleadings. Submit the amended documents to the clerk of court overseeing the estate. Serve notice of the amendment on all known heirs and beneficiaries. North Carolina law requires notice of amended pleadings to interested parties (N.C.G.S. § 28A-15-23).
2. Search for the Surviving Spouse
Conduct a thorough search using publicly available records. Check voter registration, motor vehicle records, property tax rolls and other databases. Consider hiring a professional process server. Keep records of each search step.
3. Seek Alternate Service if Necessary
If you cannot locate the spouse after a diligent search, petition the court for alternate service. File an affidavit describing your search efforts and request service by publication under Rule 4(j2) of the North Carolina Rules of Civil Procedure. The court may allow you to publish notice in a local newspaper. Once the required publications run, the spouse is deemed served.
4. Proceed with the Partition Hearing
After you correct the petition and complete service, schedule the partition hearing. Present the court with the amended petition and proof of service. The judge will confirm the correct property and divide the estate according to law.
Key Takeaways
- Verify the legal description against the recorded deed.
- File a motion to amend under Rule 15, N.C. Rules of Civil Procedure.
- Notify all heirs of any amendments per N.C.G.S. § 28A-15-23.
- Use public records and a process server to locate the surviving spouse.
- Petition for service by publication under Rule 4(j2) if the spouse is unlocatable.
- Document all search efforts in an affidavit.
- Present amended documents and proofs of service at the partition hearing.
Contact Pierce Law Group
If a probate partition document lists the wrong property or you cannot find a surviving spouse, turn to Pierce Law Group. Our attorneys guide you through North Carolina probate steps. Protect your rights and your family’s inheritance. Email us at intake@piercelaw.com or call (919) 341-7055.
