Probate Q&A Series

Detailed Answer

In North Carolina, you need a probate attorney when the decedent’s connections to this State trigger either a primary or ancillary estate administration. You must open primary administration if the person died domiciled in North Carolina, regardless of whether they left real or personal property here. If the decedent lived out of State but owned real property in North Carolina, you must open ancillary administration to transfer that property.

1. Primary Administration for North Carolina Residents
If the decedent was domiciled in North Carolina at death, you must file for administration in the probate district of their last residence under N.C.G.S. § 28A-6-1. That applies whether the only assets here are bank accounts, vehicles, stocks, or real estate. A North Carolina attorney helps prepare the will (if one exists), file the Application for Probate, and guide you through bond, notices, and estate accounting.

2. Ancillary Administration for Nonresidents Owning North Carolina Real Property
A person who lived elsewhere but held real estate in this State requires ancillary probate to transfer title. You file in the district where the property lies under N.C.G.S. § 28A-15-1. An attorney prepares an ancillary petition, handles creditor notices, and clears title in accordance with North Carolina law.

3. No Probate in North Carolina for Out-of-State Intangible Assets
If the decedent neither lived here nor owned real property here, you generally do not open probate in North Carolina. Out-of-State estates handle intangible assets such as retirement accounts or brokerage holdings according to their own laws.

Key statute references:
• N.C.G.S. § 28A-6-1 (Districts of Administration): ncleg.gov/28A-6-1
• N.C.G.S. § 28A-15-1 (Ancillary Administration): ncleg.gov/28A-15-1

Key Scenarios to Consider

  • Decedent domiciled in North Carolina: File primary administration in the probate district of their last residence.
  • Decedent lived elsewhere but owned North Carolina real property: File ancillary administration in the district where the property sits.
  • Decedent had only intangible assets and no ties to North Carolina: No North Carolina probate is required.
  • Decedent died with a will: Your attorney ensures the will meets execution requirements under N.C.G.S. § 28A-2-1 et seq.
  • Decedent died without a will: An attorney guides you through intestate succession under N.C.G.S. Chapter 29.

Probate matters often involve strict deadlines and complex rules. Pierce Law Group has experienced attorneys ready to help you navigate administration, protect estate assets, and resolve disputes. Contact us today to discuss your situation. Email intake@piercelaw.com or call (919) 341-7055 to schedule a consultation.