Category Archives: Probate Q&A Series

How is each heir’s percentage ownership in inherited property calculated when some heirs have passed away and have descendants? NC

How is each heir’s percentage ownership in inherited property calculated when some heirs have passed away and have descendants? – NC Short Answer In North Carolina, each heir’s percentage ownership in inherited property is usually calculated under the intestacy statutes by first identifying the correct generation, then dividing the property into shares at that level,…

How should funeral expenses be documented and submitted during the probate process? – NC

How should funeral expenses be documented and submitted during the probate process? – NC Short Answer In North Carolina probate, funeral expenses should usually be backed by clear written proof that shows the provider, the services, the amount charged, and that the bill was paid. The personal representative or the estate’s attorney typically submits that…

How can the surviving spouse protect a vehicle titled in the deceased person’s name from being taken to pay debts? – NC

How can the surviving spouse protect a vehicle titled in the deceased person’s name from being taken to pay debts? – NC Short Answer In North Carolina, a surviving spouse can often protect a vehicle titled only in the deceased spouse’s name by claiming it as part of the surviving spouse’s year’s allowance. That allowance…

If the executor locks me out of estate property and won’t communicate, what are my options to get information and protect my inheritance? NC

If the executor locks me out of estate property and won’t communicate, what are my options to get information and protect my inheritance? – NC Short Answer In North Carolina, an heir, devisee, or other interested person can ask the Clerk of Superior Court to force an executor to file a full account, explain estate…

Can a deceased person’s family transfer or disclaim a car if they do not want to deal with it? NC

Can a deceased person’s family transfer or disclaim a car if they do not want to deal with it? – NC Short Answer Yes, in North Carolina, a deceased person’s family may be able to disclaim an inherited interest in a car or transfer the vehicle without opening a full estate, but the right path…

What happens to a vehicle after someone dies if no estate was opened? NC

What happens to a vehicle after someone dies if no estate was opened? – NC Short Answer In North Carolina, a vehicle does not become ownerless just because no estate was opened. If the titled owner died, the vehicle usually must be transferred through a probate-related process, a limited DMV affidavit process for certain heirs,…

How can I find out what assets and debts are in the estate once probate is opened? NC

How can I find out what assets and debts are in the estate once probate is opened? – NC Short Answer In North Carolina, the person appointed as administrator gets authority to gather information about the estate after the Clerk of Superior Court issues Letters of Administration. Once appointed, the administrator must identify estate property,…

Am I responsible for a loan on a deceased person’s vehicle if it was left at my property? – NC

Am I responsible for a loan on a deceased person’s vehicle if it was left at my property? – NC Short Answer Usually no. In North Carolina, a deceased person’s vehicle loan stays with the borrower’s estate and the lender’s lien on the vehicle, not with a landowner or other person who merely has the…

Do the title signatures for a deceased person’s vehicle transfer need to be notarized, and can a mobile notary be used if the surviving spouse can’t travel? – NC

Do the title signatures for a deceased person’s vehicle transfer need to be notarized, and can a mobile notary be used if the surviving spouse can’t travel? – NC Short Answer In North Carolina, a vehicle title assignment usually must be signed in the presence of a notary or other person authorized to administer oaths.…

What can I do if local authorities will not remove an unclaimed vehicle connected to someone who passed away? NC

What can I do if local authorities will not remove an unclaimed vehicle connected to someone who passed away? – NC Short Answer In North Carolina, if a deceased person’s vehicle has been left on private property and local authorities will not remove it, the property holder may still have options. Depending on the facts,…