Are you the heir to property located in North Carolina even though the owner lived in another state? If so, an “ancillary probate” of this part of the estate may be required before title to the property can pass to you – and it’s best to have a local attorney handle it.
A primary probate proceeding takes place in the county of the state in which the decedent resided. When an out-of-state property is part of the estate, however, laws of the state in which this property is located will direct what happens when the owner dies. In North Carolina, the process is similar to that of a primary probate proceeding:
- An administrator or executor must be qualified in the county where the property is located. This person will then receive “Letters” from the court, which allow him or her to legally deal with any matters related to the real estate.
- A notice to creditors must be placed in the local newspaper, allowing any of the estate’s creditors to come forward within a certain amount of time.
- An inventory of the probated property must be filed with the court.
- Any creditor claims – which can potentially impair title to the property – must be settled.
- A final accounting must be filed with the court within one year. Thereafter, the estate file serves as the heirs’ proof of full ownership of the property.
Hiring the right attorney to assist you through all of the paperwork and deadlines will ultimately save you time and money.