Do I need court approval before I can close the estate after submitting the final accounting? – North Carolina Short Answer Yes. In North Carolina, a probate estate is not “closed” just because the final accounting is submitted. The Clerk of Superior Court (Estate Division) must review and approve the final account and then enter…
How do I properly repay an inheritance advance from estate funds during probate? – North Carolina Short Answer In North Carolina probate, an inheritance advance is usually handled as a beneficiary’s assignment (or direction) to send part of that beneficiary’s eventual distribution to the advance company. The personal representative (or the estate’s attorney acting for…
If there is a will, how can I confirm it’s valid and being followed correctly? – North Carolina Short Answer In North Carolina, the practical way to confirm a will is valid and being followed is to confirm it has been filed and admitted to probate by the Clerk of Superior Court, and then review…
How do I transfer a deceased relative’s house into my name if I’m the heir? – North Carolina Short Answer In North Carolina, a deceased person’s house usually does not get “retitled” into an heir’s name just by showing a death certificate. Title typically passes through the will (if there is one) or through North…
Do I need a notary for this probate document, or is a regular witness signature enough? – North Carolina Short Answer In North Carolina probate, whether a notary is required depends on the specific document and what the Clerk of Superior Court (or the personal representative) is asking for. Many probate “receipt” documents are accepted…
How long does a will contest usually take, and what are the major steps in the process? – North Carolina Short Answer In North Carolina, a will contest (called a “caveat”) often takes months to more than a year, and sometimes longer, depending on how quickly the parties exchange information, whether the case settles, and…
How do I track down my parent’s life insurance, bank accounts, and vehicles when I don’t have access to the records? – North Carolina Short Answer In North Carolina, the cleanest way to track down a deceased parent’s assets is usually through the probate file and the personal representative’s required inventory and accountings filed with…
Do I need to fill out the estate property list on the application for letters of administration before I sign it? – North Carolina Short Answer In North Carolina, the application for letters of administration typically includes a “preliminary inventory” section that is meant to be completed before the application is signed and notarized. The…
Can I challenge gifts or transfers made while my parent was elderly or vulnerable? – North Carolina Short Answer Yes. In North Carolina, certain gifts or transfers made while a parent was elderly, impaired, or dependent on someone else can sometimes be challenged after death, especially if the transfer resulted from undue influence, fraud, or…
When should I expect a 1099 for an estate account, and what can I do if it isn’t available when the estate needs to file taxes? – North Carolina Short Answer In most situations, a financial institution issues a Form 1099 for interest or other reportable income on a calendar-year schedule, often around late January…
