How can I qualify as executor and open probate for the decedent’s estate in North Carolina? Short Answer In North Carolina, the named executor files the original will and an application with the Clerk of Superior Court in the county of the decedent’s domicile. After taking an oath (and posting bond if required), the clerk…
Can the grandchildren receive the house outright or must I liquidate assets to pay debts first? – North Carolina Short Answer In North Carolina, the executor must first pay estate expenses and valid creditor claims. Real estate can pass to the named beneficiaries, but it remains available to pay debts if the estate lacks enough…
How can I find out if there’s an outstanding mortgage or foreclosure on the estate property? – North Carolina Short Answer In North Carolina, start by qualifying as the personal representative so you can access loan and court records. Then check the county Register of Deeds for any recorded deeds of trust, assignments, and satisfactions,…
What documents do I need to get legal authorization to access my relative’s bank accounts? – North Carolina Short Answer In North Carolina, banks usually require certified “Letters Testamentary” (for a will) or “Letters of Administration” (no will) issued by the Clerk of Superior Court. To get Letters, you file the original will (if there…
How do I start the probate process in North Carolina as an out-of-state executor? – North Carolina Short Answer Open the estate with the Clerk of Superior Court in the North Carolina county where the decedent lived, using the official application for probate and letters. As a nonresident executor, you must appoint a North Carolina…
Can beneficiary-designated (POD) accounts replace the need to fund a trust? – North Carolina Short Answer Not by themselves. In North Carolina, payable-on-death (POD) and transfer-on-death (TOD) designations pass those specific accounts outside probate, but they do not move your home, manage incapacity, protect against creditors, or coordinate backup plans. A properly funded revocable or…
How do Lady Bird deeds help shield a home from Medicaid or nursing home costs? – North Carolina Short Answer In North Carolina, the law does not provide a clear, statewide path for using “Lady Bird” (enhanced life estate) deeds. Medicaid estate recovery here targets assets in the decedent’s estate that are available to pay…
What’s the difference between a living trust, an irrevocable trust, and a supplemental needs trust? – North Carolina Short Answer In North Carolina, a living (revocable) trust helps assets you title into the trust avoid probate but does not shield those assets from your or your estate’s creditors. An irrevocable trust can provide creditor and…
How can I set up an irrevocable trust to protect my mom’s house and keep it in the family? – North Carolina Short Answer In North Carolina, you can place your mother’s home into a carefully drafted irrevocable trust to keep it in the family and reduce probate involvement. The trust must be funded during…
What records or schedules should I review to confirm all erroneous withdrawals were properly repaid? – North Carolina Short Answer In North Carolina, start with the estate’s Inventory (AOC-E-505) and the most recent Annual or Final Account (AOC-E-506). On the Account, verify a deposit in the Receipts section that matches the erroneous withdrawals, trace it…
