How do I close a probate estate that was opened but has no assets? – North Carolina Short Answer In North Carolina, a probate estate that ends up with no assets is usually closed by filing a Final Account (showing zero assets on hand) with the Clerk of Superior Court (Estates Division) in the county…
What are our options if we don’t want to be landlords of a rental property in the trust while the trust or estate is being administered? – North Carolina Short Answer In North Carolina, co-trustees and personal representatives generally do not have to personally manage a rental property day-to-day while a trust or estate is…
How can I find out whether there is a reverse mortgage or other lien on the home, and what does that mean for the heirs? – North Carolina Short Answer In North Carolina, the most reliable way to confirm a reverse mortgage or other lien is to check the county Register of Deeds records for…
If a deceased heir had no spouse, children, or living parents, who receives that person’s portion of the estate? – North Carolina Short Answer In North Carolina, an heir’s share usually does not “disappear” just because that heir dies during the estate process. If the heir survived the original decedent (even briefly), the heir’s share…
What steps can family members take if they believe someone is trying to take estate property they are not entitled to? – North Carolina Short Answer In North Carolina, the most effective first step is usually to get a personal representative (executor/administrator) appointed through the Clerk of Superior Court so someone has clear legal authority…
How do I figure out what share my spouse was entitled to from a relative’s estate when some other heirs died and their shares passed to their children? – North Carolina Short Answer In North Carolina, the starting point is to identify the “root” heirs who were alive when the relative died (or who legally…
Am I personally responsible for a deceased relative’s loan, or is it only an estate debt? – North Carolina Short Answer In North Carolina, a deceased person’s loan is usually an estate debt, not a personal debt of family members. A creditor generally must seek payment from the decedent’s probate estate through the estate-claims process,…
What options are there to negotiate or settle a financing claim during probate? – North Carolina Short Answer In North Carolina probate, a financing company usually must pursue payment through the estate’s creditor-claim process, and the personal representative can often negotiate a reduced payoff, a structured payment, or a release tied to available estate assets.…
How do I open an estate when my parent died without a will and it has been many years since the death? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate can usually still be opened years after the death by filing an application with the Clerk of Superior Court in the…
Can an executor take out a loan against the estate, and can heirs find out what was borrowed and why? – North Carolina Short Answer In North Carolina, a personal representative (executor) may be able to borrow money in the estate’s name or pledge estate property as collateral, but only if doing so is a…
