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LawDog2017

Intestate in NC: Options for Letters of Administration/Testamentary

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My mother died intestate a year ago. She lived in North Carolina.  The Clerk of Courts in her county tells me that the only way to get Letters of Administration/Testamentary to begin the probate process is to apply jointly with my sister, the other heir. We are the only two children, and she divorced from our father years ago, did not remarry, and he passed away a few years back.  My sister refuses to apply, and has done everything she can to prevent us from moving forward. My mother has a retirement account that goes to her estate, a home that is not paid for that is now headed into foreclosure, and two vehicles, one vehicle had been paid off before her death and the other was cleared by her life insurance. What can I do to begin the probate process and get the estate settled, house, vehicles and funds in accounts, and creditors handled if my sister will not apply for the administration and/or testamentary? Are there any deadlines? What will happen to all of my mother's assets?  I thought about trying to file a Motion for Court Ordered Mediation, or Motion to Dispense with Mediation, but the Clerk of Courts in the county that she lived in says that the Clerk will not accept any motion with out an attorney.  However, according to the form, which is available on the http://www.nccourts.org website, there is no requirement for an attorney to file this form.  I am spinning my wheels, and I am afraid that there may be some deadline that I'm not aware of, and we'll lose everything.  Please help!

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Google "North Carolina Court System Estate Procedures"  and download the brochure.  Then Google "Application For Letters Of Administration,AOC-E-202" and download the form.  Fill out the form and take it and the brochure to the Clerk and submit the form and necessary inventory.  If the clerk refuses to accept the application, ask where in the official brochure and law it says all heirs must qualify together.  The Clerk is wrong.

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7 hours ago, LawDog2017 said:

What can I do to begin the probate process and get the estate settled, house, vehicles and funds in accounts, and creditors handled if my sister will not apply for the administration and/or testamentary?

 

Do it yourself.  You got some bad information from the clerk, which is why clerks shouldn't be dispensing that sort of info.  Better yet, retain the services of a local probate attorney.

 

 

7 hours ago, LawDog2017 said:

Are there any deadlines?

 

There will be once you start the probate process.

 

 

7 hours ago, LawDog2017 said:

What will happen to all of my mother's assets?

 

How could we possibly know?

 

 

7 hours ago, LawDog2017 said:

the Clerk of Courts in the county that she lived in says that the Clerk will not accept any motion with out an attorney.

 

While I can't speak to North Carolina, some states have case law that says a fiduciary, such as the personal representative of a decedent's estate, must be represented by an attorney unless the fiduciary is the only beneficiary of the estate (obviously not the case for you).

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