Bryson City, NC asked in Estate Planning and Probate for North Carolina

Q: Mother Passed Away

My mother passed away in late February. She DID NOT have a will. She left behind a home on an acre of land. I believe the home and land were in both hers and her husbands names. Her husband, we never got along well, is living there now. I am her only child. Her husband had 2 children from a previous marriage. To what am I entitled and how to I initiate the process??°

Thank you for any information.

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1 Lawyer Answer
Angela L. Haas
Angela L. Haas
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Since she did not have a Will, her property would be distributed under the laws of Intestacy. If the home was titled to both as a married couple, the home would be his outright. If not, you would be entitled to 1/2 of it. To initiate the process, you will need to take a certified copy of her death certificate to the Estates Division of the county where she last lived, and open up an estate file. You will need to apply to be the Administrator of her estate. He will be notified and given an opportunity to be the Administrator. He would be chosen over you, unless he doesn't want to do it, or is not competent to do it. The cost to qualify is $120, and you may need to be bonded (insured) - the clerk will let you know. You may need an attorney to help you throughout the process, so look for a probate attorney or an attorney who practices estate administration.

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