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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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A Lawyer in north Carolina indicated that probate was not

Customer Question

A Lawyer in north Carolina indicated that probate was not completed because of the easement problem we were having. The lawyer said once it was determined that the sale of the real property could happen (after the easement issues and the liens issues were
determined to be resolved and wouldn’t keep the closing from occurring), he could open the ancillary estate . I am no lawyer and this does not sound right. Why would he lawyer do this?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Ancillary proceedings usually take place when the decedent lived in one county, and you are dealing with real property in another county.

So, in an example, the decedent dies in County A, and probate is opened there. Decedent owns real property in County B, but there are many issues associated with this property causing delays.

The estate attorney may open probate in County A promptly, but wait until the issues with the real property are straightened out somewhat before filing an ancillary proceeding in County B. There isn't a requirement to wait, but the primary probate (in County A) will give the estate authority to manage the decedent's affairs, and minimizing the amount of work done in County B's courts may be worthwhile.

This is simply a strategy consideration that the probate attorney may be taking into consideration.

(Here is a very good primer on probate in South Carolina: http://barristerstitle.com/barristersforms/Estates-Training-Session.pdf).

But again, as noted, the above is simply speculation, if you are uncertain as to why an attorney is conducting business in a particular fashion, you can always ask them, most are happy to explain (assuming you are not an adverse party).

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