What steps do I need to open probate to address remaining debts after death? – North Carolina Short Answer In North Carolina, you open an estate by applying for Letters with the Clerk of Superior Court in the county where the decedent lived, then publishing and mailing a creditor notice. Creditors generally have at least…
Can I refinance these unpaid debts with a home equity line to protect my surviving parent? – North Carolina Short Answer In North Carolina, a child is not personally responsible for a deceased parent’s debts, and most unsecured claims against an estate become barred if no notice to creditors was published within three years of…
How can I choose the correct option on a probate without qualification form for ancillary administration? – North Carolina Short Answer In North Carolina, if a will was already probated in another state and you only need it recognized here (no local personal representative), use an Application for Probate Without Qualification and select the option…
Do I need to open a full estate to access my late spouse’s bank and retirement accounts when no beneficiary is named? – North Carolina Short Answer In North Carolina, bank and retirement accounts with no named beneficiary are usually probate assets. To access them, you generally must open an estate and obtain Letters of…
What happens to my spouse’s share of the proceeds if they died before distribution? – North Carolina Short Answer In North Carolina, if your spouse survived the original decedent by at least 120 hours, your spouse’s share of the sale proceeds vested and becomes part of your spouse’s estate. The Clerk will pay that share…
What are the risks of selecting the wrong box on the probate application form? – North Carolina Short Answer In North Carolina, the bigger risk isn’t the checkbox itself—it’s what your sworn application causes the Clerk to do. Checking the wrong option can trigger the wrong process (for example, opening ancillary letters when you only…
How can I ensure there is enough money from the estate to pay for my spouse’s care during probate? – North Carolina Short Answer In North Carolina, the fastest way to free up money for a surviving spouse’s care is to claim the spousal year’s allowance (currently $60,000) from the decedent’s personal property, which is…
How can I get the court to approve my expenses so we can distribute the surplus proceeds? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to approve estate administration expenses (like personal representative commissions and attorney’s fees) by filing a verified petition in the estate file, showing the…
How do I start probate when my parent died without a will and I’m a co-personal representative? – North Carolina Short Answer In North Carolina, you and your sibling apply to the Clerk of Superior Court in your parent’s county of domicile for Letters of Administration using the state form. After you qualify (and post…
What assets must go through probate if there are joint bank accounts and a family LLC? – North Carolina Short Answer In North Carolina, assets titled solely in the decedent’s name generally go through probate. Joint bank accounts with a right of survivorship or payable-on-death (POD) designations usually pass outside probate, though they can be…
