Category Archives: Probate Q&A Series

Why does the probate process require waiting for the clerk’s approval of the final account before I can transfer the property title, and how long does this typically take?

Why is my probate estate still open even after submitting the final account? In North Carolina, even when all paperwork appears to be completed, an estate may still remain open until the court clerk approves the final account. The probate process entails a waiting period to allow for any potential creditor claims—even if none are…

How can I reopen a probate case if I suspect the executor undervalued assets and made fiduciary errors?

Frequently Asked Questions About Probate Administration in North Carolina Can a Holographic Will from Another State Be Probated in North Carolina? North Carolina courts will consider a holographic will from another state, but several challenges may arise. In our experience handling probate in Craven County and beyond, a holographic will must meet North Carolina’s legal…

How can I ensure I’m speaking with the correct attorney specialized in trust and estate matters through the referral service?

How Can a Probate Attorney Help with Trust Administration in North Carolina? A probate attorney in North Carolina can offer invaluable assistance with trust administration. When a trust is created, reviewing its provisions and ensuring they comply with North Carolina law is essential. The attorney helps interpret trust language, advises on asset management, and guides…

Do I need to include additional proofs—like a notarized copy of the will or death certificates—when filing my probate application?

Do I Need to Attach Supporting Documents When Filing a Probate Application? When filing a probate application in North Carolina, you generally need to submit the required forms and a notarized copy of the will, if available. In many cases, you do not have to include additional supporting documents such as death certificates unless the…

How can I legally remove a trustee from a family trust when they neglect property maintenance and fail to pay taxes?

How Can I Remove a Trustee from a Family Trust in North Carolina? In North Carolina, beneficiaries may seek the removal of a trustee when there is a breach of fiduciary duty, mismanagement of assets, or prolonged neglect of responsibilities. For example, if a trustee has abandoned the family property, failed to pay taxes, or…

What should I do if the probate process for my deceased spouse’s estate in another state is delayed by administrative mismanagement and conflicts of interest?

Can Probate Proceedings Be Moved from One State to Another? Probate proceedings generally must be handled in the state where the decedent was a resident at the time of their death. In the situation described, the probate estate opened in Virginia must continue in Virginia, regardless of whether subsequent property (for example, real estate in…

How can I schedule an in-person probate consultation and complete the application process if the designated personal representative has work constraints and cannot be present?

Can I Arrange a Payment Plan for Probate Administration Services? Many families in North Carolina ask if they can set up a payment plan for handling probate matters. In probate cases, children who help manage their deceased parents’ estate sometimes face financial challenges up front. A payment plan allows them to spread out the cost…

Can an heir directly sign a receipt for estate assets when the related bankruptcy proceeding is still active?

Can an Heir Acknowledge Receipt of Estate Assets When Bankruptcy Proceedings Are Ongoing? In North Carolina, an heir may receive and acknowledge certain estate assets even if related bankruptcy matters are pending. The probate process remains governed by state law (see North Carolina General Statutes for applicable statutes). In this situation, an heir who receives…

How can an estate administrator verify whether benefit payments from a deceased pensioner’s account have been fully processed for designated beneficiaries rather than being payable to the estate?

What happens to a pension benefit when a pensioner passes away? When a pensioner dies in North Carolina, the plan administration process follows the instructions set forth by the pension plan documents. Typically, the plan designates a beneficiary who will receive the pension benefits. North Carolina law requires that once the death certificate is received,…

What type of letter is needed to access a safe in a probate matter, and how can I obtain it?

What is the Letter Needed to Access a Deceased Parent’s Safe Deposit Box? In North Carolina, family members seeking to access a deceased parent’s safe deposit box sometimes require more than a power of attorney. In many cases – as discussed during our call – a probate attorney can prepare a letter that confirms your…