Charlotte, NC asked in Estate Planning and Probate for North Carolina

Q: Will dad's house pass to immediate family outside of probate in NC?

My dad's NC house is paid-off and titled to him. His assets include only the house and household goods. If he died, would the house pass to "immediate family" under NC law, outside of probate? If so, since the assets subject to probate would be $20,000 would that allow the use of an affidavit as opposed to full probate?

Related Topics:
1 Lawyer Answer
Sara W. Harrington
Sara W. Harrington
Answered
  • Estate Planning Lawyer
  • Chapel Hill, NC
  • Licensed in North Carolina

A: In North Carolina, real estate passes to the heirs at the time of death. If there is no will, that is determined by the laws of intestate succession. If there is a will and the real estate was specifically devised to individuals, that would override intestate succession.

Generally real estate is not probated unless it needs to be brought into the estate to pay a bill of the estate.

If all of his personal property is worth less than $20,000, you can settle his estate with an Affidavit for Collection instead of opening a full estate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.