Do I need to open a probate estate if the only asset is my relative’s share of proceeds from a pending estate sale? – North Carolina Short Answer Usually, yes. In North Carolina, when a beneficiary dies before an open estate finishes selling property and distributing proceeds, the deceased beneficiary’s share is typically paid to…
What happens if a relative won’t disclose where my parent’s money is or may have moved funds after the death? – North Carolina Short Answer In North Carolina, the estate administrator has a legal duty to find, secure, and report the decedent’s assets, even when a relative will not cooperate. If there are reasonable grounds…
Do I need to go through probate to settle my parent’s estate if there is a will? – North Carolina Short Answer Often, yes. In North Carolina, a will generally must be filed with (and admitted by) the Clerk of Superior Court to be legally effective to transfer property that was in a parent’s sole…
How do I open probate when the deceased person’s family has not started the process and I’m a creditor? – North Carolina Short Answer In North Carolina, a creditor usually cannot “open probate” in the sense of automatically becoming the estate’s personal representative. But a creditor can often push the process forward by filing a…
Can the life tenant give away or sell tools, equipment, or other personal property that’s kept on the land? – North Carolina Short Answer Usually, a life tenant in North Carolina can sell or give away their own personal property (like tools or equipment) even if it is stored on the land. But a life…
What happens to my parent’s rental agreement when the landlord dies and the property goes through probate? – North Carolina Short Answer In North Carolina, a landlord’s death usually does not end a valid rental arrangement. A month-to-month tenancy typically continues on the same basic terms, but the right to collect rent and the power…
Am I going to get in trouble if I waited a while after the death to open the estate? – North Carolina Short Answer Usually, no. In North Carolina, there is not a single universal deadline that automatically punishes a family member for waiting to open probate, but delay can create real problems—especially when the…
What happens if the personal representative doesn’t file an inventory or accounting and the estate just sits open? – North Carolina Short Answer In North Carolina, a personal representative who does not file the required inventory or accountings can be ordered by the Clerk of Superior Court to file them by a set deadline. If…
Can my parent be evicted while the landlord’s estate is still being handled, and what notice would we have to get first? – North Carolina Short Answer Yes. In North Carolina, a landlord’s death does not freeze a month-to-month tenancy or prevent an eviction. The landlord’s estate (typically through the personal representative) or the successor…
What happens in probate if we can’t confirm whether a potential heir is alive or deceased? – North Carolina Short Answer In North Carolina probate, the estate usually cannot simply ignore a potential heir whose status is unclear. The personal representative typically must make a diligent effort to confirm whether the person is living and,…
