What happens if no probate was opened when the person died and it has been several years since the death? – North Carolina Short Answer In North Carolina, nothing automatically “fixes itself” just because time passed. If a home is still titled only in the deceased person’s name, a probate step is usually still needed…
Do I need to do anything to notify creditors or handle my spouse’s credit report after they pass away? – North Carolina Short Answer In North Carolina, creditor notice is usually handled through the estate process, but only if someone opens an estate (or uses an approved “notice without administration” procedure). If most property passes…
When the surviving spouse claims a vehicle as an allowance or exempt property, who has the right to the title and the income from that vehicle before the title is updated? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court awards a vehicle to the surviving spouse as part of…
What kind of lawyer should I look for if my estate dispute is turning into probate litigation? – North Carolina Short Answer In North Carolina, an estate dispute that is moving toward probate litigation usually calls for a probate attorney who regularly handles contested estate proceedings before the Clerk of Superior Court and, when needed,…
Can creditors reach my inherited interest in family land that is co-owned with other relatives, and how is that interest calculated? – North Carolina Short Answer In North Carolina, creditors can often reach an heir’s inherited interest in family land, but they generally can only reach that heir’s share—not the other co-owners’ shares. In probate,…
How do I confirm the court received and docketed the final account correctly after filing it? – North Carolina Short Answer In North Carolina, a final account is filed in the estate file with the Clerk of Superior Court (Estates Division). The most reliable ways to confirm receipt and docketing are (1) obtaining a file-stamped…
What documents does a timeshare company usually require to update an account when the owner has died? – North Carolina Short Answer In North Carolina, a timeshare company usually asks for (1) proof of death (often a certified death certificate) and (2) proof of legal authority to act for the estate (typically court-issued Letters Testamentary…
Why can’t the property sale close yet if I’m already under contract? – North Carolina Short Answer In North Carolina, being “under contract” does not always mean the estate has legal authority to deliver marketable title at closing. A closing can be delayed if the personal representative (executor/administrator) has not been appointed, if required creditor-notice…
Should the executor file an insolvency petition before talking to a major creditor to avoid making promises about who gets paid first? – North Carolina Short Answer Usually, no. In North Carolina, a personal representative can (and often should) communicate early with a secured creditor, but should avoid making payment promises because the estate must…
How do I transfer or clear title to a vacant lot that was owned by my parent who passed away? – North Carolina Short Answer In North Carolina, clearing title to a vacant lot after a parent’s death usually requires (1) probating the will with the Clerk of Superior Court and (2) recording the right…
