How can I find out whether the will has already been filed with the court and whether the estate has started distributing property? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates) is the place to check whether a will has been filed and whether an estate has been opened.…
Can I force the executor to provide an accounting and copies of the will and estate paperwork? – North Carolina Short Answer In North Carolina, an executor (personal representative) generally must file an inventory and later file accountings with the Clerk of Superior Court in the county where the estate is opened. If the executor…
How do I start probate if my parent may have had a will but nobody can find it? – North Carolina Short Answer In North Carolina, probate starts in the Clerk of Superior Court (the “estate” office) in the county where the parent lived at death. If no original will can be located, the clerk…
What happens if an intestate heir says they never received notice that an estate was opened? – North Carolina Short Answer In North Carolina, an intestate heir often does not receive automatic “court notice” just because an estate was opened. If an heir later claims no notice, the usual next step is to pull the…
If I miss the remote estate hearing, what happens next and can it be rescheduled? – North Carolina Short Answer In North Carolina estate special proceedings, if an interested party misses a remote hearing, the Clerk of Superior Court can usually still hold the hearing and enter an order based on the evidence presented. In…
What proof do I need to show that the items belong to the estate before someone has to return them? – North Carolina Short Answer In North Carolina, there is no single “magic document” that forces a person to return property to an estate. The executor generally needs enough proof to show (1) the decedent…
Do jointly owned bank accounts automatically become mine after my spouse dies, or can the children challenge that? – North Carolina Short Answer In North Carolina, a jointly owned bank account with a properly created right of survivorship generally becomes the surviving spouse’s account at death and does not pass through probate. However, children (or…
Can the estate negotiate or settle a mortgage claim before paying it from estate assets? – North Carolina Short Answer Yes. In North Carolina, a personal representative can often work with a mortgage lender to confirm the payoff, correct errors, and sometimes resolve the claim on agreed terms before the estate actually pays it. The…
What are the first steps I should take after my spouse dies to handle their estate correctly? – North Carolina Short Answer In North Carolina, the first steps after a spouse dies usually include securing important documents and property, identifying what passes automatically (like many joint assets and beneficiary accounts), and deciding whether a probate…
If I live out of state, what extra steps do I need to take to serve as executor, and can I notarize probate documents where I live? – North Carolina Short Answer In North Carolina, an out-of-state executor can usually still qualify, but the Clerk of Superior Court typically requires extra paperwork and may require…
