Category Archives: Probate Q&A Series

How do I get bank statements and records to figure out where money went from the decedent’s checking account after they became incapacitated? NC

How do I get bank statements and records to figure out where money went from the decedent’s checking account after they became incapacitated? – North Carolina Short Answer In North Carolina, a court-appointed administrator can usually obtain the decedent’s bank statements by making a written request to the bank and providing certified Letters of Administration…

What documentation should the occupants provide if they want reimbursement for mortgage, taxes, or improvements after the owner died? NC

What documentation should the occupants provide if they want reimbursement for mortgage, taxes, or improvements after the owner died? – North Carolina Short Answer In North Carolina, occupants who want reimbursement from an estate after the owner’s death should be prepared to prove (1) what they paid, (2) when they paid it, (3) why they…

Is there a time limit to contest the transfer or claim my share if no probate was done? NC

Is there a time limit to contest the transfer or claim my share if no probate was done? – North Carolina Short Answer Yes. In North Carolina, the time limit depends on what “share” is being claimed and what kind of transfer happened (for example, a deed signed by heirs, a will that was never…

What happens if Medicare won’t cover final hospital bills and the estate lacks sufficient assets? NC

What happens if Medicare won’t cover final hospital bills and the estate lacks sufficient assets? – North Carolina Short Answer In North Carolina, unpaid final hospital bills are generally treated as creditor claims against the decedent’s estate. If the estate does not have enough probate assets to pay all valid claims, the personal representatives usually…

What should I bring to my first appointment with the probate clerk? NC

What should I bring to my first appointment with the probate clerk? – North Carolina Short Answer For a first appointment with the probate clerk in North Carolina, bring the original will (if one exists), a certified death certificate or other acceptable proof of death, and reliable contact information for heirs and beneficiaries. Also bring…

How do I open an estate with no will and get appointed as the administrator when the estranged spouse is pressuring me for keys and items right now? NC

How do I open an estate with no will and get appointed as the administrator when the estranged spouse is pressuring me for keys and items right now? – North Carolina Short Answer In North Carolina, when someone dies without a will, a personal representative (called an “administrator”) must be appointed by the Clerk of…

How can I correct estate letters that list the wrong fiduciary title so they show administrator instead of executor?

How can I correct estate letters that list the wrong fiduciary title so they show administrator instead of executor? – North Carolina Short Answer In North Carolina, “Letters” come from the Clerk of Superior Court and are the document that proves a personal representative’s authority. If the Letters show the wrong fiduciary title (for example,…

How can a surviving spouse who lives outside the country apply for a year’s allowance from an estate? NC

How can a surviving spouse who lives outside the country apply for a year’s allowance from an estate? – North Carolina Short Answer In North Carolina, a surviving spouse who lives outside the country can still apply for a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county…

Do any of the forms for the disclaimer or final accounting need to be notarized, and where do I file them? NC

Do any of the forms for the disclaimer or final accounting need to be notarized, and where do I file them? – North Carolina Short Answer In North Carolina, a disclaimer (also called a renunciation) of an inherited interest in real estate should be signed in a form that can be recorded, which usually means…

How can I pursue inheritance from an out-of-state estate when I live elsewhere? NC

How can I pursue inheritance from an out-of-state estate when I live elsewhere? – North Carolina Short Answer In North Carolina, an inheritance claim usually gets handled in the state (and county) where the decedent’s estate is being administered, not where the potential heir lives. If the decedent owned property in North Carolina, it may…