How do I ensure my final accounting meets the probate clerk’s formatting and exhibit requirements? – North Carolina Short Answer In North Carolina, a final account must be filed in the estate file with the Clerk of Superior Court and it must be complete, internally consistent, and supported by vouchers (proof) for disbursements. Most clerks…
How can I probate my parent’s small estate with just a car and minimal bank balances without facing long courthouse delays? – North Carolina Short Answer In North Carolina, a “small estate” often can be handled through an Affidavit for Collection of Personal Property (sometimes called “collection by affidavit”) instead of full probate, as long…
Can I appoint my fiancé as personal representative if I’m ineligible? – North Carolina Short Answer In North Carolina, an ineligible person cannot serve as personal representative, but eligible heirs who have priority can usually file a written renunciation and, at the same time, nominate another qualified person to serve—this can include a fiancé. The…
What deadlines do I have to join or contest my uncle’s estate after receiving notice as an heir? – North Carolina Short Answer In North Carolina, there is usually no single “deadline to join” an intestate estate as an heir, but waiting can still hurt because the administrator can move toward distribution once required steps…
Can I ensure a home and vehicle pass to my grandchild as my parent intended? – North Carolina Short Answer In North Carolina, a parent’s “intent” does not control who inherits when someone dies without a will. The home and vehicle pass under North Carolina’s intestate succession rules unless the legal heirs agree to redirect…
If estate funds were used to pay my rent during administration, will that be treated as an early distribution or as an approved expense in the accounting? – North Carolina Short Answer In North Carolina, estate money used to pay a beneficiary’s personal rent is usually treated as an advance (early distribution), not an estate…
What steps are required to open an estate bank account and take inventory of joint accounts after a parent’s death? – North Carolina Short Answer In North Carolina, an estate bank account is typically opened after the personal representative (executor or administrator) qualifies with the Clerk of Superior Court and receives Letters authorizing the role.…
How can I claim and distribute life insurance proceeds when I’m the named beneficiary? – North Carolina Short Answer In North Carolina, life insurance proceeds usually pay directly to the named beneficiary and do not go through the probate estate. To claim the proceeds, the beneficiary typically submits the insurer’s claim form, a certified death…
What documents do I need to support a year’s allowance deficiency judgment in probate? – North Carolina Short Answer In North Carolina, a year’s allowance “deficiency judgment” is typically supported by (1) a filed year’s allowance petition showing the surviving spouse’s entitlement, (2) a clear list of the decedent’s personal property available to be assigned…
Can the court appoint a public administrator to take over my parent’s estate instead of a family member? – North Carolina Short Answer Yes. In North Carolina, the Clerk of Superior Court (acting as the probate judge) can appoint someone other than a family member to administer an estate when the current administrator is removed,…
