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Notices to creditors must be published once a week for four (4) consecutive weeks and should state that claims must be filed by a date certain, which date is at least three (3) months from the date of first publication of the notice.
State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.
In North Carolina, when you die without a will, it is known as having a dying intestate, meaning that a local probate court will appoint an administrator to distribute your assets according to the requirements of North Carolina probate law.
Will Probate Be Necessary? Probate court proceedings are required only if the deceased person owned assets in his or her name alone. Other assets can usually be transferred to their new owners without probate.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they dont have to approve of the sale.
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Unless the Will provides otherwise, under North Carolina law, Executors or Administrators may claim a commission of up to 5% of the Estate assets and receipts, as approved by the Clerk of Court.
As an executor, you will have a duty to ensure that you are selling the property for the best possible price, for the benefit of the estate. For example, you must not sell the property at an undervalue to yourself, a member of your family, or indeed to one of the beneficiaries in the will.
Getting Permission to Sell Real Property There are multiple ways in which estate executors can be given permission to sell real property. One of the common ways to be given permission is if the decedent had a will that directed the executor to sell the property without court involvement.
What is a Small Estate? North Carolina considers small estates to be any estate valued at less than $20,000.00 (or $30,000.00 if the only beneficiary is a surviving spouse). You do not have to count real property or certain retirement accounts and life insurance policies if they already include a named beneficiary.
How Long Do You Have to Make a Claim? Once a Grant of Probate or letters of administration have been issued, there is a deadline of six months during which you can lodge a claim against a deceased persons estate.

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