Why would a probate court serve us again after we thought the estate was fully closed? – North Carolina Short Answer In North Carolina, the court will serve you again when a closed estate is properly reopened to handle after-discovered property or unfinished tasks. If a third party refuses to release an estate asset (like…
How do we request more time or a continuance before our scheduled probate hearing? – North Carolina Short Answer In North Carolina probate matters before the Clerk of Superior Court, you can ask for more time by filing a written Motion to Extend Time or Motion to Continue and explaining the reason. If you ask…
What can we do when a stock issuer keeps blocking our request to reissue shares from the probate? – North Carolina Short Answer In North Carolina, the personal representative—not the heirs—has authority to collect and transfer a decedent’s stocks. If a transfer agent or issuer refuses to reissue or transfer shares after receiving proper paperwork,…
Do we need a local lawyer in North Carolina for an in-person probate hearing or can it be handled remotely? – North Carolina Short Answer In North Carolina, probate hearings are usually held in person before the Clerk of Superior Court in the county where the estate is administered. Remote appearances may be allowed, but…
How can I close a deceased person’s bank account if the bank says they can only issue the check to the state or estate? – North Carolina Short Answer In North Carolina, a bank generally issues funds from a deceased person’s account only to a legally authorized recipient: the “Estate of [Name]” (through a personal…
What steps can I take if the court clerk can’t locate a signed order we submitted? – North Carolina Short Answer In North Carolina estates, first confirm whether the estate remains open and that accounting deadlines are on track. Then ask the Clerk of Superior Court to search and correct the file; if the order…
How do I ensure my annual accounting and extension motions are officially recognized by the court? – North Carolina Short Answer In North Carolina, your filings are officially recognized when the Clerk of Superior Court file-stamps them, enters resulting orders in the estate file, and endorses and records approved accounts. To lock this in, file…
How can I confirm whether a motion to keep an estate open was properly filed and recorded? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court must approve an estate remaining open beyond one year and enter a written order. To confirm a motion and order were properly filed and recorded,…
How do I challenge an undervalued sale of estate real estate in probate? – North Carolina Short Answer In North Carolina, you can challenge an undervalued estate home sale by asking the Clerk of Superior Court to deny or delay approval, filing an upset bid within the statutory 10-day window if it is a judicial…
What rights do I have as an heir if the executor delays distribution to beneficiaries? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order the executor to account, to compel distribution once debts and taxes are paid or provided for, and to remove the executor for…
