Category Archives: Probate Q&A Series

How can I file a caregiver compensation claim in probate without a written agreement if I provided years of care, transportation, and household support?

How can I file a caregiver compensation claim in probate without a written agreement if I provided years of care, transportation, and household support? – North Carolina Short Answer In North Carolina, a caregiver can sometimes seek payment from a deceased person’s estate even without a written contract, but it usually requires a properly documented…

What happens if the clerk rejects our valuation or paperwork—can we still move forward with the allowance?

What happens if the clerk rejects our valuation or paperwork—can we still move forward with the allowance? – North Carolina Short Answer In North Carolina, a clerk of superior court can refuse to enter an order on a year’s allowance application if the paperwork is incomplete or the proof of the assets and values is…

What do I do if I never received notice of probate hearings and filings that affected my inheritance rights? NC

What do I do if I never received notice of probate hearings and filings that affected my inheritance rights? – North Carolina Short Answer In North Carolina, the first step is usually to get the estate file from the Clerk of Superior Court and confirm what type of probate or estate proceeding occurred and what…

If texts show items were sold but money never reached the estate account, how do I preserve proof and get court oversight or a new administrator? NC

If texts show items were sold but money never reached the estate account, how do I preserve proof and get court oversight or a new administrator? – North Carolina Short Answer In North Carolina, concerns that an administrator sold estate property but did not deposit the proceeds into the estate account are usually handled through…

What happens when siblings sign over their inheritance interest in a probate estate? NC

What happens when siblings sign over their inheritance interest in a probate estate? – North Carolina Short Answer In North Carolina, when a sibling “signs over” an inheritance interest, the legal effect depends on what document was signed. If the sibling filed a proper renunciation (disclaimer), the law generally treats that sibling as having predeceased…

Do I need to open probate to handle property that was only in my parent’s name? NC

Do I need to open probate to handle property that was only in my parent’s name? – North Carolina Short Answer Often, yes—some type of estate proceeding is commonly needed in North Carolina when property was titled only in a deceased parent’s name, especially if the goal is to sell, refinance, or clear title. If…

If I paid expenses and worked to save the family home and manage finances, can I be reimbursed or claim an interest in the property? NC

If I paid expenses and worked to save the family home and manage finances, can I be reimbursed or claim an interest in the property? – North Carolina Short Answer Sometimes, but it depends on who owned the home, what legal role existed, and whether there was an agreement. Under North Carolina law, paying expenses…

What documents will a mortgage servicer require before releasing loan information to an estate representative? NC

What documents will a mortgage servicer require before releasing loan information to an estate representative? – North Carolina Short Answer In North Carolina, a mortgage servicer will usually release a deceased borrower’s loan information only after receiving proof of death and proof that the requester has legal authority to act for the estate. In practice,…

What happens if a sibling has a felony conviction—can they be blocked from serving as executor? NC

What happens if a sibling has a felony conviction—can they be blocked from serving as executor? – North Carolina Short Answer In North Carolina, a felony conviction can block a person from serving as executor (personal representative) if the person’s citizenship rights have not been restored. The clerk of superior court decides whether an applicant…

Can I ask the court to remove the neighbor as personal representative and force a full accounting of the estate? NC

Can I ask the court to remove the neighbor as personal representative and force a full accounting of the estate? – North Carolina Short Answer Yes. In North Carolina, an “interested person” can ask the Clerk of Superior Court (the probate court) to revoke the neighbor’s letters and remove them as personal representative if there…