Do I still need to go to court if the probate accountings are filed and approved before the hearing? – NC Short Answer Usually, maybe not—but only if the Clerk of Superior Court actually removes the hearing from the calendar or confirms that the appearance is no longer required. In North Carolina probate matters, filing…
How do I challenge an assumed mortgage if I was told to sign it during probate and it may not have been proper? – NC Short Answer In North Carolina, a person can challenge an assumed mortgage taken on during probate if the signer did not actually become personally liable, did not receive clear authority…
What happens if estate property has a lien and the creditor is threatening foreclosure before the estate can sell it? – NC Short Answer In North Carolina, a lien does not disappear just because the owner died or the property is in probate. If a secured creditor has the right to foreclose, the estate usually…
What is the process for asking the court to approve a sale of estate property and decide where the remaining proceeds should go? – NC Short Answer In North Carolina, a personal representative usually asks the Clerk of Superior Court to approve a judicial sale of estate real property when a sale is needed to…
How do I start probate for my sibling if I live in another state and do not know whether there is a will? – NC Short Answer In North Carolina, probate starts with the Clerk of Superior Court in the county where the sibling lived at death. If no will can be found right away,…
What happens if we were told a letter would be sent about Social Security funds or overpayments but nothing ever arrives? – NC Short Answer In North Carolina probate matters, nothing is resolved just because a letter was expected from Social Security. If no letter arrives, the estate usually must make a direct follow-up request…
How can I request Social Security records for a probate matter when the beneficiary has already passed away? – NC Short Answer In North Carolina, the person usually in the best position to request Social Security information for a deceased beneficiary is the estate’s duly appointed personal representative. That person should be prepared to show…
How do I show that a missing original will was not revoked before death? – NC Short Answer In North Carolina, a copied will can still be admitted to probate if the person offering it proves more than just the copy’s existence. The key point is overcoming the usual presumption that a missing original was…
Can a copy of a codicil be accepted if the original is also missing? – NC Short Answer Yes, in North Carolina, a copy of a codicil may be accepted even if the original codicil and the original will are both missing, but only through a lost-will probate proceeding. The person offering the copies must…
How do I get a complete copy of a probate file for use in a wrongful death case? – NC Short Answer In North Carolina, a complete probate file is usually obtained from the Clerk of Superior Court in the county where the estate was opened. The clerk handles estate administration records, and a lawyer…
