Q: My mother died without a will (North Carolina). Father died prior. How do siblings divide the property, need probate?
Probate is only when there is a will, correct?
So how does the deed get amended to reflect the siblings own the property and not the deceased?
A:
You will need to initiate an estate administration to pass title. Feel free to let me know if I can help.
Evan Lohr
A: The land passed by the effect of law to your siblings upon your mother's death. To properly document this, you should open a small estate, talk to a local lawyer or the clerk's office in the county where your mother died (Wilkes?). But if you want to divide property, you need to get the land surveyed and execute cross deeds to each other. Once again, a lawyer can assist with this process. Be warned that you may be subject to recapture taxes if you divide farmland. My advice is to speak to a local attorney as multiple steps need to be taken to finalize the whole process.
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