Thomasville, NC asked in Real Estate Law, Tax Law and Probate for North Carolina

Q: My parents has passed on with no will. We pay the taxes. How do we get the house in our names?

1 Lawyer Answer

A: You would need to submit original copies of the death certificate to the Probate court or the appropriate court for your county. You would then file a motion to be appointed Personal Representative/Executor, depending on what NC calls the position. Once you are appointed you have Probate the estate under the laws of NC, as part of that process you would execute a deed transferring the property from the estate to yourselves under the authority of the court as the PR/Executor. You can hire an attorney to handle the Probate and I do suggest this. The rules are different for every state, but they are seldom easy to understand.

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