How do I start probate after mailing a will to the clerk? – North Carolina Short Answer In North Carolina, mailing the original will to the clerk of superior court only lodges or files the will; it does not, by itself, open an estate. To start probate, someone with priority (usually the named executor) must…
How can I change the marital status listed on a death certificate? – North Carolina Short Answer In North Carolina, changes to the marital status shown on a death certificate are made through the North Carolina Vital Records office, not through the probate court. A family member or other qualified person must submit an amendment…
What happens if a creditor refuses to honor a negotiated payoff after closing—do I have to pay the full claim or can I challenge it without delaying the estate? – North Carolina Short Answer Under North Carolina law, a personal representative can usually challenge a disputed creditor claim rather than automatically paying the full amount,…
Do funds in a joint bank account pass to me automatically, or do they need to be listed in estate paperwork? – North Carolina Short Answer Under North Carolina law, funds in a true joint bank account with right of survivorship normally pass automatically to the surviving co-owner at death and do not pass under…
Can I complete the title transfer at the motor vehicle agency where I’m moving, or does it have to be done where my spouse lived? – North Carolina Short Answer Under North Carolina law, a vehicle titled in a deceased spouse’s name can usually be transferred through the North Carolina Division of Motor Vehicles (DMV)…
What happens if the will is mailed to the wrong address or gets delayed? – North Carolina Short Answer Under North Carolina law, a will is not considered filed or probated until it is actually received and lodged or probated by the clerk of superior court. If a law firm mails a will to the…
What forms and documents should I include when submitting a will by mail? – North Carolina Short Answer In North Carolina, a will that is mailed to the clerk of superior court should be the original, properly certified will, sent with the correct probate application form, the filing fee, and a clear cover letter stating…
What documents will I need to prove the correct marital status to the vital records office? – North Carolina Short Answer In North Carolina, the vital records office generally requires official documents that show the decedent’s true marital history before it will amend the marital-status line on a death certificate. Typical proof includes certified marriage…
Can we list the property before the deed is updated, or do we need to clear title first? – North Carolina Short Answer Under North Carolina probate law, a house that a decedent owned as a tenant in common can usually be marketed (listed with an agent and shown to buyers) before the deed is…
Can a personal representative from another state open and manage an ancillary estate and appoint a local registered agent to receive filings? – North Carolina Short Answer Under North Carolina law, a personal representative who was appointed in another state may usually open and manage an ancillary estate here to deal with North Carolina real…
