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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 36325
Experience:  Texas Attorney for 30 years dealing in real estate
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I live in Michigan and so did my father who passed away in

Customer Question

I live in Michigan and so did my father who passed away in 2002 without leaving a will. He left property in North Carolina which I assume my sister and I inherited. We've done nothing to it but have it surveyed and have the tax bill turned over to me to be paid every year. What do I do to have this put in our names so we can put it up for sell, or do we have to put it in our names?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ray replied 6 months ago.
Hi and welcome to JA. Ray here to help you today. You will need to make application for ancillary probate and be appointed personal representative.As the PR here you can either sell the property or deed it from yourself as PR to you and your sister as the legal heirs. You will need a lawyer in NC to make such application and the court will appoint you personal representative and issue you letters that authorize you to act.There is no way around probate.The estate should reimburse you for the taxes you have paid to date as well. I appreciate the chance to help you today.Thanks again.
Expert:  Ray replied 6 months ago.
28A-26-3. Ancillary administration.(a)Any domiciliary personal representative of a nonresident decedent upon thefiling of a certified or exemplified copy of letters of appointment with the clerk ofsuperior court who has venue under G.S. 28A-3-1 may be granted ancillary letters in thisState notwithstanding that the domiciliary personal representative is a nonresident of thisState or is a foreign corporation. If the domiciliary personal representative is a foreigncorporation, it need not qualify under any other law of this State to authorize it to act asancillary personal representative in the particular estate. If application is made for theissuance of ancillary letters to the domiciliary personal representative, the clerk ofsuperior court shall give preference in appointment to thedomiciliary personalrepresentative unless the decedent shall have otherwise directed in a will.(b)If, within 90 days after the death of the nonresident, or within 60 days afterissue of domiciliary letters, should that be a shorter period, no application for ancillaryletters has been made by a domiciliary personal representative, any person who couldapply for issue of letters had the decedent been a resident may apply for issue of ancillaryletters.If it is known that there is a duly qualified domiciliary personal representative, theclerk of superior court shall send notice of such application, by registered mail, to thatpersonal representative and to the appointing court. Such notice shall include a statementthat, within 14 days after its mailing,the domiciliary personal representative may applyfor the issue of ancillary letters with the preference specified in subsection (a) of thissection; and that failure of the domiciliary personal representative to do so will bedeemed a waiver, with the result that letters will be issued to another. Upon such failure,the clerk of superior court may issue ancillary letters in accordance with the provisions ofArticle 4 of this Chapter.If the applicant and the clerk of superior court have no knowledge of theexistence ofa domiciliary personal representative, the clerk of superior court may proceed to issueancillary letters. Subsequently, upon it becoming known that a domiciliary personalrepresentative has been appointed, whether such appointment occurred before or after theissue of ancillary letters, the clerk of superior court shall notify the domiciliary personalrepresentative, by registered mail, of the action taken by the clerk of superior court andthe state of the ancillary administration. Such notice shall include a statement that at anytime prior to approval of the ancillary personal representative's final account thedomiciliary personal representative may appear in the proceedings for any purpose thedomiciliary personal representative may deemadvisable; and that the domiciliary
Expert:  Ray replied 6 months ago.
NC General Statutes-Chapter 28A Article 263personal representative may apply to be substituted as ancillary personal representative,but that such request will not be granted unless the clerk of superior court finds that suchaction will be for the best interests of North Carolina administration of the estate.(1973,c. 1329, s. 3; 2011-344, s. 4.)
Expert:  Ray replied 6 months ago.
Probate lawyer for you here. N.C. Lawyer Referral ServiceAttorney Referral ServiceAddress: Cary, NCPhone(###) ###-####ours: Open today · 8AM–5PM Ancillary probate is opened in the county where the land is located. I appreciate the chance to help you today.I wish you the best here.Expect this to take 3-6 months from start to finish.
Expert:  Ray replied 6 months ago.
In probate here a fiduciary deed is drafted by estate lawyer for the PR to sign on behalf of the estate either to sell it or to you two as heirs if you want to keep it. Sample.
Expert:  Ray replied 6 months ago.
Thanks again if you can positive rate when we are done it is always much appreciated.
Expert:  Ray replied 6 months ago.
You and your sister are the legal heirs under the laws of intestacy( no will).

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