Category Archives: Probate Q&A Series

How is real estate handled when some property is jointly owned with survivorship and other property is titled only in the deceased person’s name? – NC

How is real estate handled when some property is jointly owned with survivorship and other property is titled only in the deceased person’s name? – North Carolina Short Answer In North Carolina, real estate held with a survivorship feature (most commonly tenancy by the entirety between spouses, or joint tenancy with right of survivorship) generally…

What does the probate process look like from start to finish? – NC

What does the probate process look like from start to finish? – North Carolina Short Answer In North Carolina, probate usually starts when a personal representative (an executor under a will or an administrator when there is no will) qualifies with the Clerk of Superior Court in the county where the person lived. After qualification,…

Can I access and remove the belongings before an estate is opened, and what are the risks if I do? NC

Can I access and remove the belongings before an estate is opened, and what are the risks if I do? – North Carolina Short Answer In North Carolina, removing a deceased person’s belongings from a rented apartment before anyone has legal authority over the estate can create real risk, even if the landlord is willing…

How can I get estate bank statements if the bank can’t find anything under the decedent’s Social Security number? NC

How can I get estate bank statements if the bank can’t find anything under the decedent’s Social Security number? – North Carolina Short Answer In North Carolina, a personal representative usually can obtain estate bank statements by proving authority with certified Letters (Testamentary or of Administration) and giving the bank an identifier that matches how…

If beneficiaries are minors, can their parent sign any disclaimers or consents needed for the car transfer, or do we need a guardian or court approval? NC

If beneficiaries are minors, can their parent sign any disclaimers or consents needed for the car transfer, or do we need a guardian or court approval? – North Carolina Short Answer In North Carolina, a parent usually cannot sign away (disclaim) a minor beneficiary’s inheritance interest just because the parent has custody. For most estate…

How do I claim a brokerage account as a beneficiary after the account owner dies? NC

How do I claim a brokerage account as a beneficiary after the account owner dies? – North Carolina Short Answer In North Carolina, a brokerage account that names a beneficiary (often shown as “TOD” or “POD”) typically transfers directly to that beneficiary after the owner’s death, outside of the probate estate. The beneficiary usually must…

How can I find out what happened to my former spouse’s bank funds after they died and who had the right to access them? NC

How can I find out what happened to my former spouse’s bank funds after they died and who had the right to access them? – North Carolina Short Answer In North Carolina, what happened to a deceased person’s bank funds usually depends on how each account was titled: an estate account (no survivorship/POD) is handled…

Can heirs be reimbursed for property taxes or other estate expenses they paid while the estate was open, and how is that documented? NC

Can heirs be reimbursed for property taxes or other estate expenses they paid while the estate was open, and how is that documented? – North Carolina Short Answer Yes—under North Carolina probate practice, an heir can usually be reimbursed for reasonable expenses that were properly paid on behalf of the estate, as long as the…

Do all beneficiaries have to sign off on the sale, and what happens if one refuses? NC

Do all beneficiaries have to sign off on the sale, and what happens if one refuses? – North Carolina Short Answer No. In North Carolina, beneficiaries do not automatically have veto power over an estate sale. Whether beneficiary signatures are needed depends on who has authority to sell (the personal representative under a will power…

If the deceased parent is listed on my birth certificate, is that enough to inherit through probate? NC

If the deceased parent is listed on my birth certificate, is that enough to inherit through probate? – North Carolina Short Answer In North Carolina, a birth certificate is often enough to show the parent-child relationship for probate, but not always. It tends to be straightforward for inheriting from a mother. For inheriting from a…