Wake North Carolina Personal Representative's Deed to a Trust

State:
North Carolina
County:
Wake
Control #:
NC-032-77
Format:
Word; 
Rich Text
Instant download

Description

This form is an Personal Representatives's Deed where the grantor is the individual appointed as Personal Representative of an estate and the Grantee is a trust for the beneficiary under law. Grantor conveys the described property to Grantee and only covenants that the transfer is authorized by the Court and that the Grantor has done nothing while serving as personal representative to encumber the property. This deed complies with all state statutory laws.

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FAQ

Collection by Affidavit: The Process Once the court has approved the application, it will authorize the affiant to collect and administer the estate. The affiant must pay debts, and distributions must occur according to the will (or the intestate succession law, if the decedent dies without a will).

Under North Carolina statute, where as estate is valued at less than $20,000 ($30,000 if the affiant is a spouse and sole heir), an interested party may, thirty (30) days after the death of the decedent, issue a small estate affidavit to collect any debts owed to the decedent.

Administering an uncontested probate and estate administration in North Carolina generally takes between six months to a year. The process and time involved can vary depending upon the nature and complexity of the Estate.

A North Carolina small estate affidavit is a document that allows an individual to petition for all or a portion of a deceased person's estate.... Step 1 ? Wait Thirty (30) Days.Step 2 ? No Personal Representative.Step 3 ? Complete Documentation.Step 4 ? File with the Superior Court.

Will Probate Be Necessary? Probate court proceedings are required only if the deceased person owned assets in his or her name alone. Other assets can usually be transferred to their new owners without probate.

In North Carolina, creditors have at most 3 years from the date of death to file claims against the estate.

North Carolina does not allow real estate to be transferred with transfer-on-death deeds.

State law allows for two years for the will to be entered into the court records. However, an heir may file sooner if the executor fails to file within 60 days of the death of the person.

Unless the Will provides otherwise, under North Carolina law, Executors or Administrators may claim a commission of up to 5% of the Estate assets and receipts, as approved by the Clerk of Court.

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Wake North Carolina Personal Representative's Deed to a Trust