Winston-Salem, NC asked in Estate Planning and Probate for North Carolina

Q: My Mother left 4 burial plots (bought in the 50s) when she passed, which were deeded and registered with the registrar

of deeds. Probate rep agreed these were real estate and not included in probate. Final Accting probate rep says they are included since my Mom's will says executor must liquidate remainder of estate, both real and personal, and distribute assets. If they aren't part of probate, then how does the will apply to this property since the will is in probate.

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1 Lawyer Answer
Ben Corcoran
Ben Corcoran
  • Estate Planning Lawyer
  • Yadkinville, NC
  • Licensed in North Carolina

A: Without seeing the will, I can't give a definite opinion on the status of the plots. However, generally speaking, real property will always pass outside of probate unless it is either brought back into the estate to pay bills or left explicitly to the executor in trust.

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