How to open a probate?

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How to open a probate?

My spouse passed away. He and his previous wife (deceased) purchased some land and a manfactured home. After her death her name was removed from the deed. Since we have been married we took a loan out on the house. My name is on the loan and on the “deed of trust” but not on the deed itself. Also, my husband had a Will leaving everything to me. It was signed and witnessed by 3 people but was not notorized. Yesterday I was told I need to go through probate court because my name was not on the deed and because of the Will not being notorized my husbands two adult children are intitled to a third each of my husbands assets. His kids are willing to disclaim their portion but how? I have no income.

Asked on January 23, 2013 under Estate Planning, North Carolina

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I do not practice law in North Carolina and do not know all the fine details of North Carolina law.  However, I see nothing in the North Carolina wills statute to require the will to be notarized.  So long as it is written, signed at the end  by your husband in the presence of at least two witnesses, who also sign at the end, all of his assets should go to you by operation of the will.  This does not mean, however, that no probate will be necessary.

In most states, a probate estate is required to transfer title to real property.  The land is real property.  A manufactured home is probably treated as real property while a mobile home is often treated as personal property, like a car or RV.

I do not know who told you that your husband's children will receive 1/3 of the estate.  I suggest you consult with a probate or estate lawyer in your area.  That person can tell you exactly what must be done and at what cost.


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