Can I handle probate for my parent’s estate if everything is supposed to go to the surviving spouse? – NC Short Answer Usually, yes. In North Carolina, someone can often open the estate, probate the will, and qualify as personal representative even when the will leaves everything to the surviving spouse. That step is often…
How are vehicles and other titled assets transferred during probate? – NC Short Answer In North Carolina, vehicles and other titled assets usually cannot be retitled or sold after death until the will is probated and a personal representative has authority to act. For vehicles, the Division of Motor Vehicles typically requires the title, probate…
What happens if a deceased parent’s property is still titled in both spouses’ names? – NC Short Answer In North Carolina, the answer depends on how the property was titled. If a married couple owned real estate as tenants by the entirety, the surviving spouse usually becomes the sole owner automatically at death, so that…
Can I serve as administrator in a second state if I am already handling the estate where my spouse lived? – NC Short Answer Yes, in North Carolina a surviving spouse may often serve in an ancillary probate even when the main estate is already open in another state. But if a domiciliary personal representative…
What do I need to do to sell estate property in another state after my spouse passes away? – NC Short Answer In North Carolina, a surviving spouse usually must open an ancillary estate in the county where the North Carolina property is located before selling North Carolina real estate that belonged only to a…
How is property divided between a surviving spouse and a child when someone dies without a will? – NC Short Answer Under North Carolina intestacy law, if a person dies without a will and leaves a surviving spouse and only one child, the surviving spouse takes a one-half undivided interest in the real property and…
Can a surviving spouse collect a deceased spouse’s bank account through the estate process in another state? – NC Short Answer Usually not by relying only on the out-of-state probate file. Under North Carolina law, a nonresident decedent’s North Carolina bank account may sometimes be paid to the foreign personal representative after 60 days without…
Can a surviving spouse serve as administrator for an ancillary estate when there is no will? – NC Short Answer Yes, in North Carolina a surviving spouse can serve as administrator for an ancillary estate of a nonresident decedent who died without a will, but not always immediately. If there is already a personal representative…
How can I get the EIN number for my parent’s estate if I no longer have it? – NC Short Answer In North Carolina, the estate EIN usually can be recovered without applying for a new one if the estate already has one. The personal representative often starts by checking prior estate tax filings, the…
How do ancillary estate orders work when an estate is being handled across more than one jurisdiction? – NC Short Answer In North Carolina, an ancillary estate proceeding is a separate probate matter opened here when a decedent’s main estate is being handled in another jurisdiction but North Carolina property or claims still need local…
