Do I need to open a small-estate probate case in the state where the bank account is located, even if the person died in another country? – North Carolina Short Answer Usually, yes—if the bank account is a North Carolina account and there is no payable-on-death beneficiary, the bank will typically require North Carolina authority…
Do I need probate, estate planning, or something else for my situation? – North Carolina Short Answer In North Carolina, the right legal service depends on the trigger: planning for a living person (estate planning), handling property and debts after someone has died (probate/estate administration), or resolving shared ownership disputes (often a partition action). Many…
Do I need a copy of the assignment or funding agreement to include the inheritance advance in the estate accounting? – North Carolina Short Answer In North Carolina, an estate accounting filed with the Clerk of Superior Court should be supported by records that explain why money was paid out of the estate. If the…
What problems can come up when trying to transfer title long after someone dies? – North Carolina Short Answer In North Carolina, transferring a house title years after a death often runs into “clouded title” problems: missing probate records, unclear heirs, unpaid liens, or a will that was never properly probated or recorded. The longer…
How do I probate an estate if I don’t have the original will but I think it was filed with the county? – North Carolina Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the person lived at death. If the original will is not in hand…
How do I sign and return a probate receipt if I don’t have a computer or email address? – North Carolina Short Answer In North Carolina, a probate “receipt” (often a receipt and release) can usually be handled entirely on paper. The personal representative or the estate’s lawyer can mail a hard copy, and the…
Who should an insurance payout check be made payable to when it relates to a deceased person’s estate? – North Carolina Short Answer In North Carolina, if the insurance proceeds are payable to the deceased person’s probate estate (or end up payable to the estate because there is no living beneficiary), the check should generally…
Can a spouse be removed or blocked from serving as executor because of a conflict of interest or suspected undue influence? – North Carolina Short Answer Yes. In North Carolina, a spouse is not automatically disqualified from serving as executor (personal representative), but an “interested person” can ask the Clerk of Superior Court (the probate…
If I signed estate documents but didn’t understand them, can I get copies and find out what I agreed to? – North Carolina Short Answer Yes. In North Carolina, most probate (estate) paperwork that gets filed is kept by the Clerk of Superior Court (the “estate file”), and copies can usually be requested. Getting the…
What happens if the payoff check is received but the satisfaction document is delayed or never issued? – North Carolina Short Answer In North Carolina, receiving a payoff check (and even having it cashed) does not automatically clear the lien from the public record. The debt may be paid, but the deed of trust or…
