Do I need to open a probate case to handle a checking account, retirement assets, and property transfers? – North Carolina Short Answer In North Carolina, probate is often needed to access and transfer assets that are titled only in the deceased spouse’s name—especially a checking account and real estate—because banks and the Register of…
What happens to a loan when the homeowner dies and the loan is tied to the house? – North Carolina Short Answer In North Carolina, a loan tied to a home usually does not disappear when the homeowner dies. If the loan is secured (meaning the lender has a lien or security interest connected to…
What happens if the only significant asset is the deceased person’s home—can my claim be paid from the property? – North Carolina Short Answer In North Carolina, a valid creditor claim can be paid even when the main estate asset is the deceased person’s home, but it usually happens by selling (or sometimes mortgaging) the…
What does the probate process usually look like from start to finish if there isn’t a court hearing? – North Carolina Short Answer In North Carolina, many estates move through probate without a courtroom hearing because the Clerk of Superior Court supervises the process through filings, deadlines, and approvals. The usual path is: qualify a…
How far back can I request account statements for a deceased person when administering an estate? – North Carolina Short Answer In North Carolina estate administration, there is usually no single statewide “lookback limit” that caps how far back a personal representative can request a deceased person’s bank statements. In practice, the request is driven…
How do I request a death certificate for a relative who died in another state? – North Carolina Short Answer When a relative dies in another state, the death certificate is issued by that state’s vital records office (often the state department of health) or the local office in the county where the death occurred.…
How can I get a copy of the timeshare deed for an estate if the account is not in my name? – North Carolina Short Answer In North Carolina, the cleanest way to get a timeshare deed for a deceased owner is usually through the county Register of Deeds (if the timeshare is a deeded…
Can I keep living in the deceased relative’s house while the estate is being handled, and could I get in trouble for staying there? – North Carolina Short Answer Sometimes, but it depends on who has the legal right to possess the home during the estate process. In North Carolina, title to a decedent’s real…
What happens if the plan administrator delays providing tax forms needed to file the estate’s tax returns? – North Carolina Short Answer In North Carolina, a plan administrator’s delay in providing tax reporting forms (such as a 1099-R) does not stop the estate’s tax filing deadlines. The personal representative still has to file required returns…
What happens if I move out of state before the probate paperwork is finished—can I still serve as the person in charge? – North Carolina Short Answer Often, yes. In North Carolina, a person can usually continue serving as the estate’s court-appointed personal representative (the “person in charge”) even after moving out of state, but…
