How do I request an estate file from the prior attorney when our firm is taking over representation? – North Carolina Short Answer In North Carolina, the cleanest way to request an estate file from prior counsel is to (1) confirm who the client is (usually the personal representative in an official capacity), (2) obtain…
What happens if the deceased person still owes taxes, and how do I find out if a final tax return is required? – North Carolina Short Answer In North Carolina, taxes the decedent owed (and certain estate-level taxes) generally must be addressed as part of probate before the estate can be closed and distributions made.…
How do I challenge the personal representative’s attempt to have me declared ineligible as an heir? – North Carolina Short Answer In North Carolina, an heir can challenge a personal representative’s attempt to treat that heir as “ineligible” by filing an estate proceeding with the Clerk of Superior Court and demanding a hearing on the…
How can I check the status of my probate paperwork and confirm what documents still need to be submitted? – North Carolina Short Answer In North Carolina, probate and estate administration are handled through the Clerk of Superior Court (the “estate file”). The most reliable way to check status is to contact the Estates Division…
What is the deadline to submit a creditor claim if I’m a known creditor under a written divorce settlement agreement? – North Carolina Short Answer In North Carolina, a known creditor generally must present a written claim to the estate by the later of (1) the deadline stated in the estate’s published “notice to creditors”…
What happens to the estate administration while a petition to remove the executor is pending? – North Carolina Short Answer In North Carolina, filing a petition to remove (revoke the letters of) an executor/personal representative does not automatically stop the estate administration. Unless the Clerk of Superior Court enters an order limiting the executor’s authority…
What paperwork do I need to file to prove I have authority to sell the property after my sibling’s death? – North Carolina Short Answer In North Carolina, the most common paperwork used to prove authority to sell a deceased person’s real estate is a court-issued appointment showing who the estate’s personal representative is (often…
How do I know what documents I’m supposed to sign and send back to the law firm for the estate case to move forward? – North Carolina Short Answer In a North Carolina estate administration, the documents that typically need a personal representative’s signature are the accounting itself (annual or final) and any supporting certifications…
What paperwork should be in an estate file that helps confirm who inherits and how property or sale proceeds are divided? – North Carolina Short Answer In North Carolina, the estate court file that most directly confirms who inherits and how money gets divided usually includes (1) the appointment paperwork for the personal representative, (2)…
What happens if the administrator transferred or kept estate property without listing it in the estate paperwork? – North Carolina Short Answer In North Carolina, an administrator must identify, safeguard, and report estate assets through the inventory and later accountings filed with the Clerk of Superior Court. If the administrator transferred or kept estate property…
