My Dad Wanted My Brother to Get the Car But There Isn’t A Will!
“When a person dies without a will, the property may be divided between the surviving spouse and children (or spouse and parents if there are no children) depending on the value and type of property.” according to https://www.nccourts.gov/.
North Carolina Intestate Law
You may be surprised to learn that real property does not always have to go through the probate process in North Carolina. North Carolina succession law determines how real property is heired when there is no last will and testament for the estate. “Land and houses generally are not administered through the probate estate unless the world provides otherwise or the sell the assets is needed to pay state debts“ www.nccourts.gov
However, you may still have probate assets such as personal property that must be accounted for during the final accounting phase of the probate. Here are a few things you may need or need to consider when you are distributing the assets.
Notice To Creditors Satisfied
Before distributing any assets to heirs you will need to make sure the notice to creditors have run and all verified debt has been addressed by the estate. Check out our past video on How to File Notice to Creditors. Once the Notice to Creditors Affadavit has been received and the waiting period has been adhered to the administrator can begin distributing the assets.
Renunciation Of Beneficiary
Heirs not receiving their portion of any property should fill out a renunciation of beneficiary form. The administrator will submit this form with the final accounting.
Be sure to also receive notarized Receipt of Beneficiary forms AOC-521 from each beneficiary.
Heir Affidavit and Proof Of Heirship
When you are the sole heir of an inherited property you will need to provide documentation such as an Heir Affidavit to the closing title attorney completing the transaction. This document will need to be notarized with a third party witness stating that from their knowledge you are the sole heir. Other supporting documents you may need to provide are a completed family tree and the death certificate.
What is Probate?
Probate is the legal act of settling the affairs of a deceased person. During the probate process the appointed personal representative(s) is referred to as the executor(s) if there is a verified will or the administrator(s) if there is no will in place. The personal representative will have legal authority to notify creditors and settle the affairs of the estate. This includes paying debt and distributing inheritance owed and owned by the estate.
Responsibilities of a Personal Representative In NC
- Opening Probate
- Notifying Creditors
- Taking Inventory & Accounting
- Settling Debts And Taxes
- Distributing Inheritance
- Closing The Estate