by Courtney Rollins, Probate & Senior Transition Specialist
You may be surprised to learn that real property does not always have to go through the probate process in North Carolina. North Carolina state laws state that property that is left behind by a decedent that has not dictated and a last will and testament what should be done with the property will automatically be vested to heirs based on North Carolina succession laws. “Land and houses generally are not administrated through the probate estate unless the will provides otherwise or the sell the assets is needed to pay estate debts.“ https://www.nccourts.gov/help-topics/wills-and-estates/estates
If you are the sole heir of an inherited property, and you will need to provide documentation to the closing title attorney to demonstrate you are the rightful heir. For instance, you will need to provide a family tree, last will and testament, if available, and death certificate in order to sell the property. If the estate owes funds then the proceeds from the estate will need to be accounted and you will need to open probate to demonstrate payment of the rightful claims against the estate.
I met Mr. Joe (name changed for privacy) at the Durham County Superior Clerk Estate office. I was sitting in on his case as he opened an estate for his recently departed wife. After listening to a story, I discovered that he also owns a property left behind by his deceased mother and would like help navigating probate and the sell of the house there. We decided to work together to help him with his wife’s estate, as well as help him come up with options for his mothers home.
We drove to his mother‘s home two hours away in Salisbury, North Carolina to assess the situation. Mr. Joe mother passed away five years ago, and he’s been keeping up with utilities and taxes on the home since that time. After listening further to his desires and hopes, I crafted a few options for him to consider.
- Move into his mothers home. This option would be the least expensive and although the property was a bit dated with a little sprucing up, he would be able to be closer to his Salisbury family.
- Fixed up the place and rented out. with about $5000-$15,000 in rehab and updates the property would make a strong rental and provide income for Mr. Joe.
- Fix it up and sell it. We determined that the rehab would range from $25,000-$40,000 to get the property in great condition to sell.
- Sell the property as is to a cash buyer like Estate Pro Service, LLC.
Mr. Joe. contemplated the options and after thinking it over he felt that selling the house as is, was the most viable option for him. He did not want to move to Salisbury. He also did not want the burden of managing and being the landlord from two hours away. He also felt he would not secure a strong return on his investment if he decided to fix it up and resell. In fact he was adamant about not wanting to manage contractors.
He decided to go with Estate Pro Service due to the convenience of the as is purchase along with flexible closing time.
We are continuing to help him with his probate case in Durham, North Carolina. We’ve helped him organize a plan the heirlooms and items he wants. Also, because it is an as is purchase, he does not have to deal with cleaning out the remaining items instead of waiting for a 3–6 months sale cycle. Instead he is receiving his cash within two weeks.
The best part is that we become close friends during our time together, and he may have met my match when it comes to someone with a sweet tooth like me!
Feel free to reach out to us and sign up here for a free consultation so that we can explore explore caring home solutions for you!
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