Can I negotiate with the credit union, wireless carrier, or bank to reduce the estate’s debts? – North Carolina Short Answer Yes. In North Carolina, a personal representative can often negotiate and settle unsecured debts (like credit cards or service bills) for less than the amount claimed, as long as the settlement fits within the…
What information and documents do I need to start the probate process when no record is found? – North Carolina Short Answer In North Carolina, when the Clerk of Superior Court finds no open estate file, starting probate usually means filing the correct AOC application to qualify a personal representative (executor if there is a…
Can a bank refuse to provide historical account records if there is no separate estate account and I only need the decedent’s prior account information? – North Carolina Short Answer In North Carolina, a financial institution often will not release a decedent’s historical account records to anyone except the court-appointed personal representative (or someone the…
How do I verify whether a debt collector’s claim against an estate is valid? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) verifies a debt collector’s claim by checking whether the claim was properly presented and timely under the estate “non-claim” deadlines, and whether the collector can prove the…
How do I get a copy of the will if the person holding it will not share it with me? – North Carolina Short Answer In North Carolina, an original will generally becomes a public court record only after someone files it with the Clerk of Superior Court for probate (or at least deposits it…
How do I petition the court for a surviving spouse’s statutory allowance in North Carolina? – North Carolina Short Answer In North Carolina, a surviving spouse usually requests the statutory year’s allowance by filing a verified (sworn) application with the Clerk of Superior Court in the county where estate venue is proper. A formal probate…
What can I do if the executor mismanages estate assets or acts unfairly? – North Carolina Short Answer In North Carolina, an executor (also called a “personal representative”) must handle estate property loyally, carefully, and for the benefit of the estate. If an executor mismanages assets or acts unfairly, an “interested person” can ask the…
What evidence do I need to prove I’m the rightful owner of the full property interest? – North Carolina Short Answer In North Carolina, proving rightful ownership of a deceased person’s real estate usually requires a paper trail that ties (1) the decedent’s recorded title to the property, (2) the legal transfer at death (by…
What options do I have for managing my [DECEDENT]’s leased property or deciding whether to put it on the market? – North Carolina Short Answer In North Carolina, leased real estate usually passes to the heirs or devisees at death, and the lease generally stays in place. A personal representative can still ask the Clerk…
Can I recover funds that a co-administrator withdrew from my DECEDENT’s estate without the legal fees exceeding what I’d recover? – North Carolina Short Answer Possibly. In North Carolina, a personal representative can ask the Clerk of Superior Court to force a co-administrator (or anyone holding estate property) to disclose and turn over estate funds,…
