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A Petition for a Personal Representative to Take Possession,

Customer Question
Custody, and Control of Real...
A Petition for a Personal Representative to Take Possession, Custody, and Control of Real Property is a Special Proceeding. The revisions to Chapter N.C. G.S. 28A included changes that addressed how a personal representative could deal with real property – especially with regard to persons occupying real property which was in the possession of the personal representative.Title of real property transferred to court appointed Personal Representative, currently Title in possession of [PR] until transfer to intestate heirs. One of these heirs is the PR.'Real Property' (decedent's residence) is currently being held by 'half-sister' and kids. Half-sister will be able to demonstrate primary residence duration 8 months. No written or verbal lease will be claimed by her.Please clarify – a petition for a personal representative to take possession, custody, and control of real property in a special proceeding. Clarification defined as:
1) The claim (petition) that is sufficiently particular to give the court and the parties notice of the transactions, occurrences, or series of transactions intended to be proved showing that the pleaders are entitled to relief, and a demand for judgment for the relief to which the pleader is entitled.
Submitted: 4 months ago.Category: Estate Law
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Customer reply replied 4 months ago
Document attached: GS_28A-13-3 (1).pdf
Answered in 26 minutes by:
3/6/2018
Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,369
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Estate Lawyer: Gerald, Esq, Lawyer replied 4 months ago

Hello:

Thank you for your patience. Also thank you for asking for me.

In plain English these sections allow the personal representative to ask for an Order that grants you possession of the property. Rather than have to go through the ordinary eviction process you can work directly with the Porbate court and ask the Clerk of that Court for an Order directing that the Personal Representative be given possession of the property. That after notifying the occupants of the Order it can be taken to the Sheriff so they can institute removal of the occupants if they refuse to leave.

To get this started the personaal representative must file the petition with the clerk and serve the occupants and other heirs a copy.

In the Petition the Personal representative would assert certain facts:

1) That the property belonged to the decedant.

2) That the Personal Representative has been appointed and has authority over the disposition of the property.

3) That the Personal Representative has determined sale of the property is in the best interests of all the heirs.

4) That the property needs to be emptied and prepared for sale.

5) That the current occupants have no lease or other right to occupy the property and they refuse to leave.

6) Thay the Persoanl Representative requests an Order from the Court granting the Personal Representative possession so that the property can be marketed for sale.

These are the types of things assertions that the section you have asked to be clrifiesd is addressing.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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