How do I request a will from the court clerk in North Carolina? – North Carolina Short Answer In North Carolina, you cannot get a living person’s will from the Clerk unless the testator deposited it for safekeeping and personally authorizes access; if the testator is incompetent, the Clerk generally will not release it to…
What rights do I have regarding estate assets when the power of attorney is held by someone else? – North Carolina Short Answer In North Carolina, while your mother is alive, her assets belong to her—not to future heirs—and her financial agent under a power of attorney (POA) must manage them for her benefit. You…
How do I protect my beneficiary rights to a life insurance policy when someone else is collecting proceeds? – North Carolina Short Answer In North Carolina, life insurance pays to the named beneficiary on the policy, not under the will or through probate. To protect your rights, file your claim with the insurer immediately, notify…
How can I compel a relative to file my grandparent’s complete will with the court? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to order whoever holds the will to produce it. You file an application by affidavit showing a will exists and that a person in…
Can I seek appointment as estate administrator if I’m named as an heir but not listed as executor? – North Carolina Short Answer Yes. In North Carolina, if no executor is able or willing to serve—or the will does not name one—you may petition the Clerk of Superior Court to be appointed. If a valid…
How can I clear title and get title insurance for a property left out of a trust? – North Carolina Short Answer In North Carolina, you clear title to a omitted real estate by probating the decedent’s will with the Clerk of Superior Court in the county where the land sits, then recording the probated…
What are the consequences of signing a renunciation of my right to letters of administration? – North Carolina Short Answer In North Carolina, signing a renunciation of your right to letters of administration gives up your priority to serve as the estate’s personal representative. The Clerk of Superior Court may then appoint someone else, although…
Can I probate just one property that was omitted from a trust while other assets passed through it? – North Carolina Short Answer Yes. In North Carolina, you can probate a will just to clear title to a single parcel that was not transferred to the revocable trust. Often this is done by probating the…
What steps and documents do I need to probate an estate many years after the decedent’s death? – North Carolina Short Answer In North Carolina, you can offer a will for probate even many years after death. To clear title to real estate, file the original will and a probate application with the Clerk of…
Do I need to probate in North Carolina if I already handled trust administration in another state? – North Carolina Short Answer Yes, if the decedent owned North Carolina real estate outside the trust, you generally need a North Carolina probate step to pass clear title. If the will was probated in the home state,…
