How do I reopen a closed estate so a wrongful death claim can move forward? – North Carolina Short Answer In North Carolina, a closed estate can be reopened by asking the clerk of superior court to reopen administration and appoint or reappoint a personal representative for the limited purpose of handling the wrongful death…
How do I verify that the organization asking about the estate is legitimate before sharing any details? – North Carolina Short Answer Under North Carolina probate practice, a personal representative should confirm both the identity and legal interest of any organization before sharing estate information. This usually means independently verifying the agency’s name and contact…
Do I need a hearing for a year’s allowance, or can it be decided based on the paperwork? – North Carolina Short Answer Under North Carolina law, a standard year’s allowance (family allowance) for a surviving spouse or child is usually decided by the clerk of superior court based on the written application and supporting…
Can an estate representative oppose a year’s allowance, and how are disputes over the allowance resolved? – North Carolina Short Answer Under North Carolina law, a personal representative may oppose a year’s allowance awarded to a surviving spouse or eligible child. Any person with standing, including the personal representative, may file a contested estate proceeding…
What happens if one of the vehicles has a loan or lien during probate? – North Carolina Short Answer In North Carolina probate, a vehicle loan or lien usually stays attached to the vehicle. The personal representative can either pay off the lien from estate funds, let the beneficiary or buyer assume or pay it…
Who has authority to decide whether the estate’s vehicles can be sold, and what steps do I need to take to sell one? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (executor or administrator) normally has authority to decide whether estate vehicles are sold, as long as the sale benefits the…
How do I transfer title and registration for vehicles that are part of an estate, and can anyone drive them before the case is finished? – North Carolina Short Answer In North Carolina, motor vehicles titled in a decedent’s name are estate assets, and the personal representative (executor or administrator) usually signs the title and…
If I reopen a small‑estate case for after‑discovered assets, will I need to re‑notify heirs or creditors and pay another filing fee? – North Carolina Short Answer In North Carolina, reopening a small estate that was handled by collection of personal property by affidavit typically does not require starting notices to heirs or creditors over…
Can I close a small‑estate case with the assets I have now and reopen it later to collect newly found accounts? – North Carolina Short Answer Under North Carolina law, a small estate handled by collection by affidavit can usually be “reopened” to add after-discovered personal property, as long as the new assets do not…
Can we ask the lender to pause foreclosure while we market the home, and what documentation do they usually require? – North Carolina Short Answer In North Carolina, a borrower or estate representative can always ask a lender or foreclosure trustee to pause or postpone a foreclosure sale while the property is marketed, but the…
