Estate Special Proceedings

UPDATED: Oct 1, 2022

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Estate Special Proceedings

I am administrator of my brother’s estate and he has a lot of debt and no money.
He had a house and I was told I need to go through Special Proceedings to bring
the house into the estate so I can sell it to pay debt. I want to know if I can
sell it without going through Special Proceedings and pay his debt on my own or
if not, how much does it cost to handle something like this.

Asked on August 28, 2018 under Estate Planning, North Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss. It is my understanding that in North Carolina property must be willed to the estate in order to be part of the estate proceeding.  If it is not, then it can be brought in to the estate through what they call a Special Proceeding. Here is what I found in the court web pages:
If real property not willed to the estate is needed to pay claims, it can be brought into the estate by filing a special proceeding before the Clerk. [G.S. 28A-17-2].
Since it is not titled to you, you would not be able to legally transfer title in a sale.  You would have to do so as the Personal Representative of the estate. And unless the property is in the estate you have no power.
Here is a booklet from one of the counties in North Carolina.
Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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