Summary
In North Carolina, when a person dies without a will, the estate is distributed according to intestacy laws. An administrator must be appointed by the court, and this can include co-administrators. A convicted felon can be an administrator, but the court may consider the nature of the felony. If the property is near a school and the potential administrator is a sex offender, this could impact their appointment. Filing fees for the application range from $120 to $300, and the process involves submitting an application and attending court hearings. A death certificate is required, which can be obtained from the North Carolina Vital Records Office.Full Conversation
No will
Since your father passed away without a will (intestate), North Carolina's intestacy laws will govern the distribution of his estate. Here are some key points:
- The estate will be divided among the surviving children.
- An administrator will need to be appointed by the court to manage the estate.
- All heirs have equal rights to the property.
Do you need more detailed information on appointing an administrator or the intestacy process in North Carolina?
Can my sister be appointed executor of estate if she lives in Georgia
Yes, your sister can be appointed as the administrator of the estate even if she lives in Georgia. North Carolina does not require the administrator to be a resident of the state. However, the court must approve the appointment, and she may need to designate a local agent for service of process.
Would you like more details on how to begin the process of appointing an administrator?
Can my brother who's a convicted felon be appointed executor of estate?
In North Carolina, a convicted felon can technically be appointed as an executor (administrator) of an estate, but the court has discretion and may consider the felony conviction as a factor in determining suitability.
Would you like more detailed information on the process of appointing an administrator?
The house is within 100ft of a school. My brother is a convicted sex offender. Will he be able to be executor of estate
Given your brother's status as a convicted sex offender, being within 100ft of a school, this could significantly impact his ability to be appointed as executor of the estate. Courts often consider the nature of the felony and the potential for legal or practical complications.
Would you like more information on alternatives for appointing an administrator?
Yes
In your situation, appointing an alternative administrator might be a prudent choice due to your brother's status as a convicted sex offender and the proximity to a school. Here are some options:
- Petition the court to appoint a neutral third party as the administrator.
- Agree on a professional fiduciary or attorney to manage the estate.
Would you like more information on how to petition the court or find a professional fiduciary?
Can two people (me and my sister) be administrator of estate
Yes, in North Carolina, two people can be appointed as co-administrators of an estate. However, the court must approve this arrangement, and it can sometimes complicate the administration process.
Would you like more details on how to petition the court to appoint co-administrators?
How much does the application cost
The cost of filing an application to be appointed as an administrator of an estate in North Carolina varies by county but generally ranges from $* to $*.
Would you like more information on the specific fees in your county or the application process?
Yes
In North Carolina, the cost of filing an application to be appointed as an administrator can vary. Generally, it ranges from $* to $*. You should check with your local county clerk's office for the exact fee.
Would you like information on the specific steps to file the petition in your county?
Yes
To file a petition to be appointed as an administrator in North Carolina, follow these steps:
- Obtain and complete the application form from your local clerk of court.
- Pay the filing fee (typically $*-$*).
- Submit the application form and death certificate to the clerk of court.
- Attend any required court hearings.
Would you like more details on the documentation needed or the court process?
Yes
Since you are navigating the complexities of estate administration without a will and considering your brother's legal status, it appears to be a substantial case. Here are the detailed steps for filing a petition:
- Obtain and complete the application form from your local clerk of court.
- Pay the filing fee, which typically ranges from $* to $*.
- Submit the application form along with your father's death certificate to the clerk of court.
- Attend any required court hearings to confirm the appointment.
Would you like more information on the specific documentation or processes involved in the court hearings?
Where can I get a copy of death certificate
You can obtain a copy of a death certificate from the vital records office in the state where the death occurred.
~North Carolina Vital Records Office
Phone: (*) *-*
Address: * Mail Service Center, Raleigh, NC *-*
Website: [North Carolina Vital Records](https://vitalrecords.nc.gov/)
Would you like more information on the application process for obtaining the death certificate?
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