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Can a will that was never probated change ownership in partition? | NC

Pierce Law Group

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Q: Can a will that was never probated be used to change the ownership percentages in a partition lawsuit? A: Sometimes, but usually not by itself... In general, a will has to be properly offered for probate before it is effective to pass title to real estate, so an unprobated will often will not control the ownership percentages claimed in a partition case. If the will was never probated, the…

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