How can I check whether a probate case was ever opened for my relative, and what if nothing was filed? – North Carolina Short Answer In North Carolina, probate and estate administration records are handled through the Clerk of Superior Court (the “Estates” office) in the county where the person lived at death. A search…
How can the estate sell a home when the heir who inherited it can’t consent, and what happens if that heir passes away before the property is sold? – North Carolina Short Answer In North Carolina, an heir’s lack of consent does not always stop a sale. If the personal representative needs to sell the…
Can I challenge a life insurance beneficiary designation if the insurer says it was an oversight? – North Carolina Short Answer Sometimes, yes—but it depends on what “oversight” means and what the policy paperwork shows. In North Carolina, life insurance usually pays the person named on the beneficiary designation, even if a will says something…
What happens if the surviving spouse already transferred property or other assets into their name after the death? – North Carolina Short Answer In North Carolina, a surviving spouse cannot usually take estate property just by transferring it into their own name after a death. If the asset was supposed to pass through probate (for…
What happens if no probate was opened when the person died and it has been several years since the death? – North Carolina Short Answer In North Carolina, nothing automatically “fixes itself” just because time passed. If a home is still titled only in the deceased person’s name, a probate step is usually still needed…
Do I need to do anything to notify creditors or handle my spouse’s credit report after they pass away? – North Carolina Short Answer In North Carolina, creditor notice is usually handled through the estate process, but only if someone opens an estate (or uses an approved “notice without administration” procedure). If most property passes…
When the surviving spouse claims a vehicle as an allowance or exempt property, who has the right to the title and the income from that vehicle before the title is updated? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court awards a vehicle to the surviving spouse as part of…
What kind of lawyer should I look for if my estate dispute is turning into probate litigation? – North Carolina Short Answer In North Carolina, an estate dispute that is moving toward probate litigation usually calls for a probate attorney who regularly handles contested estate proceedings before the Clerk of Superior Court and, when needed,…
Can creditors reach my inherited interest in family land that is co-owned with other relatives, and how is that interest calculated? – North Carolina Short Answer In North Carolina, creditors can often reach an heir’s inherited interest in family land, but they generally can only reach that heir’s share—not the other co-owners’ shares. In probate,…
How do I confirm the court received and docketed the final account correctly after filing it? – North Carolina Short Answer In North Carolina, a final account is filed in the estate file with the Clerk of Superior Court (Estates Division). The most reliable ways to confirm receipt and docketing are (1) obtaining a file-stamped…
