What is the correct process for closing the decedent’s personal accounts and transferring the funds into the estate account? – North Carolina Short Answer In North Carolina, once the executor is officially appointed, the usual process is to (1) open an estate bank account using the estate’s tax ID number (not the decedent’s Social Security…
Can I, as the executor, pursue and receive a wrongful death settlement now, or do I need additional court approvals first? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court has issued letters testamentary and the executor is qualified, the executor generally has authority to pursue a wrongful death claim…
Who should serve as the personal representative if there is or isn’t a will, and what steps appoint that person? – North Carolina Short Answer In North Carolina, the person who serves as the personal representative depends first on whether there is a valid will. If there is a will, the Clerk of Superior Court…
If an estate was already distributed and property was sold, can I still challenge the will or reopen the estate? – North Carolina Short Answer Sometimes. In North Carolina, a will that was admitted to probate in “common form” can usually be challenged by filing a caveat within three years after probate, even if the…
Do we need ancillary probate abroad, and which certified documents will the foreign court require to recognize the will and our executor? – North Carolina Short Answer Often, yes: when a North Carolina decedent owned real estate located in another country, the foreign jurisdiction commonly requires its own local probate or “ancillary” procedure before title…
What order do estate creditors get paid, and what happens if funds are limited? – North Carolina Short Answer In North Carolina, a personal representative must pay estate debts in a statutory priority order, not in the order creditors ask or the order claims arrive. Administration costs and certain higher-priority items get paid before general…
Do I need to open an estate first, or can we transfer the property directly to me? – North Carolina Short Answer In North Carolina, real estate owned by someone who dies without a will usually passes to the heirs at death, but that does not automatically create “clear title” in the public records. If…
I moved sale proceeds into my account to protect them; what are the legal risks and how should I handle this before any probate accounting? – North Carolina Short Answer In North Carolina, moving sale proceeds into a personal account can create serious risk if the money is (or may be) estate or trust property.…
What documentation do debt collectors typically need before they will discuss or settle an estate debt? – North Carolina Short Answer In North Carolina, most debt collectors will not discuss or settle a decedent’s debt with a family member unless that person can prove legal authority to act for the estate. The most common “gatekeeper”…
Do I need court approval to cancel a deceased person’s homeowners policy, or can I sign the insurer’s cancellation form to speed up the refund? – North Carolina Short Answer In North Carolina, court approval is usually not required just to cancel a deceased person’s homeowners insurance policy. The person with legal authority for the…
