How long does it typically take from signing the engagement to filing for probate? – North Carolina Short Answer Under North Carolina law, there is no fixed waiting period between signing an engagement agreement with an attorney and filing for probate with the clerk of superior court. In a straightforward estate where the death certificate…
How do I start the probate process for my parent’s estate after a death at a care facility? – North Carolina Short Answer In North Carolina, the probate process starts by filing an application with the Clerk of Superior Court in the county where the parent was living at the time of death, along with…
Can I choose a funeral home now and be reimbursed by the estate later? – North Carolina Short Answer Under North Carolina law, a family member or other authorized person may choose a funeral home and arrange the funeral immediately, and the estate is generally responsible for those reasonable funeral expenses. Funeral costs have a…
What immediate steps should I take to secure property, handle bills, and obtain death certificates? – North Carolina Short Answer In North Carolina, the first legal priorities after a death are to secure the decedent’s home and valuables, keep basic bills and insurance in place, and make sure certified death certificates are ordered and checked…
What happens if there is no will, and who can be appointed to manage the estate? – North Carolina Short Answer When a North Carolina resident dies without a will, state intestacy laws decide who inherits, and the clerk of superior court appoints an “administrator” to manage the estate. The surviving spouse has first priority…
Do I need medical records or a specific document from the doctor or facility before filing for probate? – North Carolina Short Answer Under North Carolina law, medical records are not required to open a probate estate. The clerk of superior court primarily needs proof that the person has died and basic information about the…
What evidence should I gather to show a valid marriage for a spouse’s allowance claim? – North Carolina Short Answer For a spousal year’s allowance in North Carolina, the clerk of superior court must be satisfied that a valid marriage existed at the time of death. The most important proof is a marriage certificate plus…
Do I need to open a full estate and proceed as a contested matter to request a year’s allowance? – North Carolina Short Answer Under North Carolina law, a surviving spouse or qualifying child does not have to open a full estate administration or automatically proceed as a contested matter just to request a standard…
What happens to my year’s allowance request if the court decides I am not the spouse? – North Carolina Short Answer Under North Carolina law, only a “surviving spouse” can receive a spousal year’s allowance. If the clerk or court later decides the applicant is not the legal spouse, the spousal allowance must be denied…
How do I prove I am the surviving spouse when the court questions my marital status? – North Carolina Short Answer In North Carolina probate matters, a person proves status as a surviving spouse by showing there was a valid marriage to the decedent and that no event occurred that would terminate or bar spousal…
