How can I choose the correct option on a probate without qualification form for ancillary administration?: North Carolina

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

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…

How can I ensure there is enough money from the estate to pay for my spouse’s care during probate?: North Carolina Probate

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 Probate

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…

What assets must go through probate if there are joint bank accounts and a family LLC?: North Carolina

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…