Do I have to open probate just to sign over a vehicle for salvage, or is there a small-estate option? – North Carolina Short Answer Not always. In North Carolina, a motor vehicle can sometimes be transferred out of a deceased owner’s name without opening a full estate, using a DMV affidavit process that the…
How can we sell farm equipment to an heir so the estate has cash to pay expenses? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) can usually sell estate personal property, including farm equipment, without a court order once the personal representative has qualified. A sale to an heir…
How can I obtain information about a deceased person’s pension or retirement account during probate if I represent the estate? – North Carolina Short Answer In North Carolina, the cleanest way to obtain pension or retirement account information during probate is to show the plan administrator or employer that the estate has an authorized personal…
If a partition case is filed on a single‑home property, what does the court typically do, and how are proceeds or shares handled among co‑owners? – North Carolina Short Answer In North Carolina, a partition case is a special proceeding where the court (through the Clerk of Superior Court) decides how to divide co-owned real…
How do I ensure all post‑death account activity is captured so no future residuals are left after closing the accounts? – North Carolina Short Answer In North Carolina estate administration, the best way to capture post-death “residuals” (like late dividends, interest, or trade adjustments) is to keep at least one estate cash account open long…
How do I determine if I have been properly served with foreclosure papers? – North Carolina Short Answer In North Carolina, “proper service” usually means the foreclosure documents were delivered using a method allowed by the Rules of Civil Procedure and the file shows proof of that service. The fastest way to confirm proper service…
What steps are needed to close an estate when assets include real property and delayed title paperwork? – North Carolina Short Answer In North Carolina, closing an estate with real property and “messy” title paperwork usually requires (1) confirming what the decedent actually owned, (2) fixing title issues that prevent transfer or sale, and (3)…
If I was raised by a non-biological parent, do I still have inheritance rights from my biological parent who passed away? – North Carolina Short Answer Possibly. In North Carolina, being raised by a non-biological parent does not automatically erase inheritance rights from a biological parent. The key issue is whether the person qualifies as…
How do I probate or otherwise transfer a deceased parent’s real estate in a different state from where they died? – North Carolina Short Answer Real estate is controlled by the law of the state where the land sits, so a trust-based administration in the state of death does not automatically transfer North Carolina real…
Who is authorized to speak for an estate when an insurance claim involves the deceased person? – North Carolina Short Answer In North Carolina, the person authorized to speak for a deceased person’s probate estate on an insurance claim is usually the court-appointed personal representative (also called the executor or administrator). The Clerk of Superior…
