What happens to a house when someone dies without a will but told the family they wanted one child to have it? – North Carolina Short Answer In North Carolina, if someone dies without a will, the house usually passes under the state’s intestate succession laws—not based on what the person told the family. A…
What documents do I need to get a foreign death certificate and foreign will accepted for a U.S. bank to release funds? – North Carolina Short Answer In North Carolina, a U.S. bank usually will not release a deceased person’s funds based only on a foreign will and a foreign death certificate. The bank typically…
What happens if I can’t pay the medical bill before the final accounting date? – North Carolina Short Answer In North Carolina estate administration, a final account is typically filed after estate debts and expenses are paid or a clear plan is in place to pay them. If a medical bill is still unresolved by…
What kinds of property and accounts can be included in a year’s allowance, and what happens if the total value is over the limit? – North Carolina Short Answer In North Carolina, a spouse’s year’s allowance is generally satisfied from the deceased person’s personal property (not real estate), such as cash, bank accounts, vehicles, and…
Do I need to go back to court to correct a typo or unclear property description in a will before I can record a deed? – North Carolina Short Answer Sometimes, yes. In North Carolina, a minor typo in a will’s property reference may not require a new court case if the intended property can…
Do I have to open a probate case before I can order certified or exemplified copies of the court file? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can only issue certified or exemplified (often called “triple-seal”) copies of a probate court file that already exists. That usually means a…
What happens if I refuse to cash a distribution check because I disagree with how the estate was handled—can the estate still be closed? – North Carolina Short Answer In North Carolina, a beneficiary refusing to cash a distribution check does not automatically stop the personal representative from trying to close the estate. To close…
What paperwork do the blood relatives need to sign to let me handle the estate and still keep the family land? – North Carolina Short Answer In North Carolina, blood relatives generally cannot sign a single form that both (1) makes a non-relative the estate administrator and (2) guarantees the land stays in the family.…
Can the administrator charge the estate for surveying land, tearing down buildings, or clearing property if that real estate isn’t part of the estate? – North Carolina Short Answer Usually, no. In North Carolina, an administrator can generally reimburse only expenses that were properly incurred to collect, protect, manage, and distribute estate property. If land…
How do I access or transfer a certificate of deposit after the account owner dies if there is no payable-on-death beneficiary listed? – North Carolina Short Answer In North Carolina, if a certificate of deposit (CD) has no payable-on-death (POD) beneficiary and no surviving joint owner with survivorship rights, the CD usually becomes part of…
