October 2013 – Ancillary Estates

This is a topic we have been receiving a good deal of questions about lately. It was the subject of a Quill Tip in the August (2013) Newsletter. I’d like to examine it a little more in depth this month.

Here are a couple of key aspects to examining issues involving the death of a person owning property in North Carolina who died as a resident of another State:

Tip #1:   If there is a will, the will must be filed with the Clerk of Court of the County in North Carolina where the property is situated.

It is required by the laws of this State that if a person died with a will and the Decedent owned real property at the time of her death (which was not owned as a Tenant-by-the-Entirety or Joint tenant with Right of Survivorship), the will must be probated. The law states:
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