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NC PT Juris: Estates, Trusts, and Probate

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Estates, Trusts, and Probate

What this domain tests

This section tests the estate administration sequence in North Carolina: will validity, probate before the clerk of superior court, intestate succession, personal representative duties, spousal rights, and trust administration under the Uniform Trust Code (G.S. Chapter 36C).

Wills and intestacy

  • A valid will requires a testator at least 18, signature (or direction of signature), and two competent witnesses attesting in the testator's presence (G.S. 31-1). Self-proving affidavits speed probate (G.S. 31-11.6). North Carolina does not recognize holographic wills.
  • Intestate shares follow G.S. Chapter 29: a surviving spouse takes the entire estate when there are no descendants; with one child, the spouse takes half; with two or more, the spouse takes one-third, with the residue to the children.
  • A surviving spouse who is dissatisfied may claim the elective share under G.S. Chapter 30; the amount grows with the length of the marriage.

Administration sequence

  1. Probate the will or qualify for letters of administration before the clerk.
  2. Publish notice to creditors and give personal notice; claims are generally barred if not presented within the statutory period.
  3. File an inventory within three months of qualification and an annual account thereafter.
  4. Pay debts, taxes, and expenses; distribute the residue; file a final account and close the estate.

Worked example

Decedent dies intestate with a spouse and two children, leaving $300,000. The spouse receives one-third ($100,000) and the two children share the remaining two-thirds ($100,000 each). Had there been no descendants, the spouse would take everything.

Traps that cost marks

  • Assuming a handwritten, unwitnessed will is valid.
  • Missing the inventory deadline or the account cycle.
  • Confusing a guardian ad litem with a guardian of the estate.
  • Overlooking that trusts and nonprobate assets do not pass under the will.