Little River, SC asked in Estate Planning for North Carolina

Q: Does an ancillary estate in NC, require a notice to creditors to prove ownership, if the full estate was in SC.

My grandfather passed away in Jan of 2017. I was his only heir. We filed a full estate in SC, where he lived at the time of death and filed two ancillary estates in NC. We were told that was all that was needed to show proof of ownership of the property. Now the real estate agent is asking for proof that we own the property and is saying that we never filed a notice to creditors in the ancillary estates? Does NC require you file a notice to creditors in ancillary estates?

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1 Lawyer Answer
Charles Evan Lohr
Charles Evan Lohr
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: N.C.G.S. 28A-26-8 provides that creditors barred by the out-of-state notice are barred in NC, as well. Assuming a certified copy of the out-of-state affidavits of publication and notice are already in the ancillary estate file, I think the quickest solution is to have the agent talk to the closing attorney and title insurer to make sure they're okay with everything. If not, you can reopen the ancillary estate and publish notice in NC.

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