North Carolina Legal Guides
17 guides covering North Carolina topics, each with CaseDiver search beside the article.
- Castle Doctrine in North Carolina: Deadly Force Against Intruders
North Carolina castle doctrine: when occupants may use deadly force against home intruders, key statutes (N.C. Gen. Stat. § 14-51.2), presumptions, and leading cases.
- Deadlines And Timelines In North Carolina Probate
What Are the Deadlines And Timelines In North Carolina Probate? Key deadlines and timelines in North Carolina probate include: Inventory: within 3 months after qualification Claim for elective share: within 6 months after issuance of letter…
- How Do You Make a Valid Will In North Carolina?
To make a valid attested written will in North Carolina the will must be: In writing Signed by the testator Witnessed by at least two competent witnesses What Is an Attested Written Will In North Carolina? N.C. Gen. Stat. § 31-3.3 de…
- How Do You Prove Undue Influence In a North Carolina Will Contest?
Undue influence is one of the main grounds upon which a caveator (a will contestant) contests a will under North Carolina law . Undue influence has been defined in North Carolina case law as: “[S]omething operating upon the mind of the pers…
- How Do You Revoke a Will In North Carolina?
You can revoke a will under North Carolina law. People often revoke wills because they want to change the people that they have designated to receive their assets, or if they have gone through a major life event, such as marriage, the birth…
- How to Challenge a Will in North Carolina
You can challenge a will in North Carolina on several grounds: Lack of proper formalities Undue Influence Lack of Capacity Revocation Lack of Proper Formalities A will can be challenged in North Carolina for not complying with the requisite…
- Is a Probate Advance Legal in North Carolina?
North Carolina estate law (Chapter 28A) and Clerk of Superior Court supervision shape whether an heir can safely assign part of an expected distribution. Advances are contractual; probate procedure still sets the calendar.
- Living Probate In North Carolina
Living probate in North Carolina allows a person to seek a judicial declaration that his or her will is valid while he or she is alive. Living probate is only authorized in a handful of states, and became available in North Carolina in Augu…
- North Carolina Alimony / postseparation support: Eligibility, Amount, and Duration
How North Carolina courts award alimony / postseparation support under N.C. Gen. Stat. §§ 50-16.1A to 50-16.9: eligibility, statutory factors, duration, and leading cases.
- North Carolina Child Support Guidelines: How Support Is Calculated
How North Carolina calculates child support under N.C. Gen. Stat. § 50-13.4; North Carolina Child Support Guidelines, including the income shares, deviations, modification, and leading cases.
- Partitions and Proof of Marriage in North Carolina
In a January 2020 opinion from the North Carolina Court of Appeals, Lawrence v. Lawrence , the court addressed reimbursement in partition actions and proof of marriage. In this unfortunate fact pattern, a son, Charles, challenged his mom’s …
- Stand Your Ground Laws in North Carolina
North Carolina stand-your-ground overview (statutory stand-your-ground): duty to retreat, statutes, civil immunity, and controlling cases.
- Surviving Spouse Rights North Carolina
North Carolina law affords surviving spouses important rights and benefits, including: Intestate Rights Elective Share Family Allowance Surviving Spouse Rights In North Carolina If No Valid Will - Intestacy When an individual dies without a…
- Testamentary Capacity In North Carolina
The elements of testamentary capacity to make a will under North Carolina law are that the testator: Comprehends the natural objects of his bounty ; Understands the kind, nature and extent of his property; Knows the manner in which he desir…
- Who Are Next Of Kin In North Carolina?
Next of kin in North Carolina is defined as “those persons who would take under the law of intestate succession…” See section 41-6.1, N.C. Gen. Stat. In enacting N.C. Gen. Stat. Sec. 41-6.1 in 1967, the North Carolina Legislature made "next…
- Who Can File a Caveat In North Carolina?
Any party interested in the estate may appear in person or by attorney before the clerk of the superior court and enter a caveat to the probate of the will under North Carolina law. North Carolina G.S. 31-32(a). Who Is “Interested In the Es…
- Who Can Serve as Personal Representative in North Carolina?
The basic requirements to serve as a personal representative (executor or administrator) of an estate in North Carolina are that the personal representative must be: At least 18 years old Of sound mind Literate A non-felon Otherwise suitabl…