How does a pending settlement affect when the estate can be closed and distributions can be made? – North Carolina Short Answer In North Carolina, a pending settlement tied to the estate often keeps the estate open because the personal representative must be able to pay valid debts and expenses and accurately report what the…
Do I need to wait until the estate receives money from the sale of real property before filing a petition for fiduciary commission? – North Carolina Short Answer Usually, yes. In North Carolina estate administration, the Clerk of Superior Court typically approves fiduciary commissions based on what the personal representative has actually received and disbursed…
How do I dispute an unsecured credit card claim that was filed against an estate during probate? – North Carolina Short Answer In North Carolina probate, an unsecured credit card claim can often be disputed by first confirming whether the claim was timely and properly presented to the estate, then sending a written dispute and…
How do we transfer or sell a parent’s house when multiple family members may have an interest in it? – North Carolina Short Answer In North Carolina, the right way to transfer or sell a parent’s house depends on who legally owns it now and whether an estate administration is needed. If the home passed…
How do I get appointed as the administrator when my sibling died without a will and there are half-siblings who may also be heirs? – North Carolina Short Answer In North Carolina, an administrator is appointed by the Clerk of Superior Court (Estates) through an application for Letters of Administration. When multiple siblings (including half-siblings)…
What happens to the mortgage and property taxes when a spouse dies and I’m still living in the home? – North Carolina Short Answer In North Carolina, the mortgage and property taxes do not disappear when a spouse dies. The home may pass automatically to the surviving spouse (often through tenancy by the entirety), but…
Do I have to sign an indemnity agreement as the executor or administrator to complete a sale or transfer of estate property? – North Carolina Short Answer Not always. North Carolina law generally requires a personal representative (executor or administrator) to sign the deed and other closing documents needed to transfer estate property, but an…
How do I update the IRS with a new responsible party for an estate EIN? – North Carolina Short Answer In most cases, the IRS can update an estate EIN’s “responsible party” without issuing a new EIN. The usual method is to submit a written update (often using IRS Form 8822-B) showing the estate’s EIN…
How do I find out whether the house is part of the estate and whether the mortgage or other debts are being paid? – North Carolina Short Answer In North Carolina, the fastest way to confirm whether a house is part of the probate estate is to (1) identify how title was held at death…
What happens if a relative has the will but never started probate? – North Carolina Short Answer In North Carolina, probate is handled through the Clerk of Superior Court, and a will generally has no legal effect for estate administration until it is filed and admitted to probate. If a relative is holding the original…
