How do I draft a quitclaim deed to consolidate inherited land and check for liens? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate vests in the heirs or devisees, but you must probate the will for title to pass under it and record any deed in the county Register…
Should I file any tax forms when heirs gift their shares and what are the implications? – North Carolina Short Answer In North Carolina, if heirs deed their inherited real estate shares to another family member without payment, that transfer is generally a gift for federal tax purposes. Donor-heirs may need to file IRS Form…
How can I probate a will without opening a full estate to transfer real property? – North Carolina Short Answer In North Carolina, you can admit a will to probate without qualifying a personal representative and use it to transfer title to real estate. You file the original will with the Clerk of Superior Court…
What documents and statements must I include to show all activity in the estate and related accounts? – North Carolina Short Answer In North Carolina, your annual or final account must show every receipt and disbursement with dates, payee/payor, descriptions, and amounts, and you must attach vouchers (proof) for each payment. Include consecutive bank and…
How can I negotiate or reduce the outstanding balance on a surrender-and-sale vehicle claim in probate? – North Carolina Short Answer In North Carolina, the estate’s personal representative can negotiate, compromise, or reject a creditor’s vehicle deficiency claim. These claims are usually unsecured and paid only after higher-priority debts, which often creates room to settle…
What steps do I need to take to access and withdraw funds from my mother’s transferred 401(k)? – North Carolina Short Answer In North Carolina, a 401(k) that names you as beneficiary passes directly to you and is not a probate asset. To access it, submit the plan’s beneficiary claim forms, a certified death certificate,…
How do I get the county to reissue my appointment letter with the correct title? – North Carolina Short Answer Ask the Clerk of Superior Court (Estates Division) in the county where the estate is open to correct and reissue your Letters with the proper title. If it’s a clerical title error (for example, changing…
How do I set up an estate bank account and obtain an EIN for probate administration? – North Carolina Short Answer In North Carolina, qualify with the Clerk of Superior Court and obtain your Letters before doing anything. Then apply for a federal Employer Identification Number (EIN) for the estate and use your Letters and…
What is a probate without qualification and do I need it to sell inherited real property? – North Carolina Short Answer In North Carolina, “probate without qualification” means the Clerk of Superior Court admits a will to probate but does not appoint a personal representative or issue Letters. It’s a record-only probate that establishes the…
How do I get a certified or exemplified copy of a will probated in another state? – North Carolina Short Answer In North Carolina, you can record an out-of-state will by filing a certified (or sometimes exemplified) copy of the will and the foreign probate order with the Clerk of Superior Court in the county…
