Legal Question in Wills and Trusts in North Carolina

NC, and every other state, has a law that deals with a situation where a resident dies without a will. Under the NC law of intestate succession, each of the 4 children will receive equal shares of your mother's estate.

Your siblings are going to have to have a family meeting and decide which of them should administer an estate. That person is going to have to hire a probate lawyer in NC. Being out of state is no problem - the administrator of the estate can appoint the attorney as agent for service of process purposes.

The administrator and attorney can then petition for probate and proceed to administer the estate.

However, probate may not be needed. What did your mother own? Were there any debts of the estate? If the administrator cannot afford to actually hire an attorney, then the administrator should at least get a consult with a probate attorney. It should be an attorney located in the county where your mother resided at the time of her death. Failing that, the administrator should talk to the probate court clerk. Most forms that are needed are online at www.nccourts.org. The administrator will still need to appoint a resident agent for service of process purposes.

If the estate is very small, then it may be that the administrator can use the simplified process for administering the estate.

I would meet witha probate attorney in the county where your mother passed away or maybe even a phone consultation to see whether it is necessary to administer an estate. If she died with out a will and no spouse, essentially her children will split her assets but it also depends on how assets are titled. Many assets may not pass through the estate