What should we do if the other co-administrator filed paperwork in another state without telling us, and could that create legal problems for us? – North Carolina Short Answer In North Carolina, a co-administrator generally should not assume that an out-of-state filing is “wrong,” but it can create real practical and legal risks if it…
What documents do I need to prove notice to creditors and funeral expenses were handled correctly in probate? – North Carolina Short Answer In North Carolina probate, the cleanest way to prove notice to creditors was handled correctly is to keep (and file) the newspaper’s affidavit of publication plus proof that copies of the notice…
How can we get legal access to a deceased person’s cell phone or digital accounts to locate estate information? – North Carolina Short Answer In North Carolina, legal access to a deceased person’s digital accounts usually comes through the court-appointed personal representative (administrator or executor) using certified Letters of Administration or Letters Testamentary and a…
How do I find out who the legal heirs are if relatives I’ve never met are coming forward? – North Carolina Short Answer In North Carolina, “legal heirs” are determined by (1) a valid will, or (2) the intestate succession rules if there is no will. When unfamiliar relatives come forward, the most reliable way…
Who is responsible for keeping the estate bond active and providing proof to the court? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is responsible for making sure the estate bond stays in force for as long as the Clerk of Superior Court requires it. If the bond is…
Can we sell the deceased person’s house during probate, or do we have to wait until the estate is fully finished? – North Carolina Short Answer In North Carolina, the house can often be sold during probate, and it is not always necessary to wait until the estate is fully finished. The key issue is…
How can I get legal authority to speak with the mortgage company and access loan information after the homeowner dies? – North Carolina Short Answer In North Carolina, the most reliable way to get a mortgage company to discuss the loan and release account information after the homeowner dies is to be appointed by the…
Do unclaimed-property funds for a deceased person have to be deposited into an estate account, or can they go into my personal account? – North Carolina Short Answer In North Carolina, unclaimed-property funds issued in a deceased person’s name are generally estate assets that should be received and deposited by the estate’s personal representative into…
How do I prove certain items are mine or were family belongings and not part of the estate? – North Carolina Short Answer In North Carolina, the key is showing the items were owned by someone other than the decedent at the time of death (for example, they were gifted earlier, inherited by a different…
If the unclaimed-property office sends multiple checks over time, how should those payments be handled in the estate administration? – North Carolina Short Answer In North Carolina, unclaimed-property checks made payable to a decedent are generally treated as estate assets that the personal representative must collect, deposit into the estate account, and report on the…
