Can a spouse be removed or blocked from serving as executor because of a conflict of interest or suspected undue influence? – North Carolina Short Answer Yes. In North Carolina, a spouse is not automatically disqualified from serving as executor (personal representative), but an “interested person” can ask the Clerk of Superior Court (the probate…
If I signed estate documents but didn’t understand them, can I get copies and find out what I agreed to? – North Carolina Short Answer Yes. In North Carolina, most probate (estate) paperwork that gets filed is kept by the Clerk of Superior Court (the “estate file”), and copies can usually be requested. Getting the…
What happens if the payoff check is received but the satisfaction document is delayed or never issued? – North Carolina Short Answer In North Carolina, receiving a payoff check (and even having it cashed) does not automatically clear the lien from the public record. The debt may be paid, but the deed of trust or…
How do I become the estate administrator so I can deal with the mortgage and the house after the owners died? – North Carolina Short Answer In North Carolina, becoming the estate administrator usually means applying to the Clerk of Superior Court to be appointed as the estate’s personal representative and receiving “Letters of Administration.”…
What should I do if I have evidence that a relative may have forged, altered, or improperly handled a will? – North Carolina Short Answer In North Carolina, the practical next step is usually to preserve the evidence and speak with a probate attorney quickly about whether to file a will caveat (a formal challenge…
What documents does a new attorney need to provide to get the prior estate file released? – North Carolina Short Answer In North Carolina, prior counsel will usually release an estate file after receiving written direction from the client who owns the file rights—most often the court-appointed personal representative (executor/administrator). In practice, the cleanest request…
What property has to be listed on the estate inventory versus what can be left off for a small estate? – North Carolina Short Answer In North Carolina, an estate inventory generally lists the assets the personal representative must gather, safeguard, and use to pay valid debts and distribute to heirs—mainly assets owned in the…
How do I value household items like furniture and clothing for the probate inventory? – North Carolina Short Answer In North Carolina probate, household items like furniture and clothing are generally listed at their fair market value as of the date of death—meaning what they would reasonably sell for in their current condition (often closer…
Do I have to sign this executor renunciation for the estate to move forward if another heir is serving as executor? – North Carolina Short Answer Often, yes—if the clerk is requiring a renunciation because someone else has a higher or equal right to qualify, the estate may not be able to move forward with…
How can an estate confirm whether a deceased person’s car was repossessed before they died? – North Carolina Short Answer In North Carolina, an estate usually confirms a pre-death repossession by (1) getting legal authority to act for the decedent (letters of administration or letters testamentary, or a qualifying small-estate document), and then (2) requesting…
