Does being named the beneficiary of a life insurance policy in the State of North Carolina mean I inherit all of the decedent’s assets, or does it only apply to the policy itself?

Probate Q&A Series

Understanding Life Insurance Beneficiary Designations When someone names you as the beneficiary of a life insurance policy, that designation applies only to the policy itself. Life insurance proceeds pass outside probate in North Carolina. The proceeds go directly to the named beneficiary under the contract terms. They do not form part of the decedent’s probate…

How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary?

Probate Q&A Series

How do I determine if I’m entitled to any assets held in my late spouse’s trust, and what steps should I take if I don’t see my name explicitly listed as a beneficiary? 1. Detailed Answer When your spouse funded a trust before passing away, assets titled in the trust do not go through probate.…

What legal options do I have to secure my one-third share of a property in North Carolina when an estate is intestate and my siblings dispute my rights?

Probate Q&A Series

What legal options do I have to secure my one-third share of a property in North Carolina when an estate is intestate and my siblings dispute my rights? Detailed Answer When someone dies without a will (intestate) in North Carolina, state law determines who inherits the decedent’s assets. Under N.C. Gen. Stat. § 29-14, if…

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary?

Probate Q&A Series

Why can’t the probate attorney representing the estate also represent me as an individual beneficiary? 1. Detailed Answer When a lawyer accepts an engagement to handle a decedent’s estate in North Carolina, that lawyer owes loyalty and confidentiality to the estate as a whole. The estate speaks through its personal representative. The attorney-client relationship exists…

Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents?

Probate Q&A Series

Can I e-file exemplified copies for estate administration, or are hard copies required for certain documents? Detailed Answer North Carolina’s trial courts allow most probate filings through an approved electronic filing service under N.C. Gen. Stat. § 7A-109. You can e-file petitions for administration, inventories, accountings, motions and other routine papers via the statewide e-filing…

Why Haven’t I Received Probate Paperwork From My Deceased Father’s Estate in North Carolina?

Probate Q&A Series

Detailed Answer When someone passes away, the probate process begins only after a personal representative (often called an executor) files a petition with the clerk of superior court. Under North Carolina law, the clerk issues “letters” granting authority to administer the estate (see N.C.G.S. §28A-8-1). You receive probate paperwork only if you qualify as an…