Do beneficiary‑only assets need to be listed on the probate forms, and do they affect the estate’s fee calculation? – North Carolina Short Answer In North Carolina, beneficiary‑only assets (like life insurance or retirement accounts payable to a named person) are typically not part of the probate estate and generally are not listed on the…
How can I move forward with my probate case after missing a filing deadline? – North Carolina Short Answer In North Carolina, a missed probate deadline can often be cured by promptly filing the late document and asking the Clerk of Superior Court for more time. If the deadline has already expired, the clerk may…
How can we change attorneys during probate without causing delays or harming the estate? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) decides which attorney represents the estate and may change counsel at any time. To avoid delays, file a written substitution of counsel (or consent withdrawal) in the…
What should I do if I receive a follow-up or deficiency letter about my estate application? – North Carolina Short Answer In North Carolina, respond by the deadline in the clerk’s letter and provide every item requested (for example, the original will, a certified death certificate, a signed oath, any bond, fees, or a resident…
Do we need court approval to substitute counsel in an ongoing probate case, and how is the court notified? – North Carolina Short Answer In North Carolina probate matters before the Clerk of Superior Court, a client may change lawyers without prior court approval if the change is by consent. The court is notified by…
How long does it usually take the clerk to open an estate after the application and follow-up materials are submitted? – North Carolina Short Answer North Carolina law does not set a fixed number of days. If the filing is complete and no pre-issuance notice is required, many clerks issue Letters the same day at…
Is there a way to check the status of my estate filing online or by email instead of calling? – North Carolina Short Answer In North Carolina, estate filings are processed by the Clerk of Superior Court (Estates Division) in the county where the decedent lived. There is no single statewide online status tracker for…
Do I need appraisals for real estate, vehicles, and personal property listed in the inventory? – North Carolina Short Answer North Carolina law does not automatically require appraisals to file the estate inventory. The personal representative must report fair market value for each asset as of the date of death, and may use a disinterested…
How can I get the official death certificate quickly after the service? – North Carolina Short Answer In North Carolina, certified death certificates are issued after the record is registered with the county Register of Deeds or North Carolina Vital Records. The fastest path is to ask the funeral home to file the record promptly…
What can be done if someone transferred my parent’s business into their own name while my parent was sick? – North Carolina Short Answer North Carolina law allows courts to unwind transfers made when a parent lacked capacity or when an agent under a power of attorney breached fiduciary duties. The Clerk of Superior Court…
