Can I close or freeze an estate bank account if my ID was stolen at the same time? – North Carolina Short Answer In North Carolina, an estate bank account is controlled by the court-appointed personal representative (executor or administrator), not by whoever happens to have the checkbook or online access. If a personal representative’s…
How do I verify whether a debt collector’s claim against the estate is valid and the amount is correct? – North Carolina Short Answer In North Carolina probate, a debt collector generally must prove (1) the debt is legally owed by the decedent and (2) the amount claimed is accurate. A personal representative can request…
How do I open probate when other family members won’t cooperate or won’t sign anything? – North Carolina Short Answer In North Carolina, probate (estate administration) is opened through the Clerk of Superior Court, and it can be opened even if other family members refuse to cooperate or sign paperwork. If someone with higher priority…
How do I find out whether a probate case was opened and what was filed if I’m the deceased person’s only child? – North Carolina Short Answer In North Carolina, probate and estate administration records are handled through the Clerk of Superior Court (the Estates division) in the county where the person lived at death.…
Do I have to formally notify all beneficiaries even if everyone already has a copy of the will and we’re communicating? – North Carolina Short Answer Often, yes—some probate notices in North Carolina are “formal” requirements even when the family is already sharing information informally. The most common example is creditor notice: the personal representative…
If the person with the right to live in the house is demanding a large payment, do I have to pay it to resolve the estate? – North Carolina Short Answer Not automatically. In North Carolina, a “right to live in the house” is often a life estate or similar occupancy right created by the…
Do I have to list all assets in the inventory even if the heirs already agreed to split everything equally? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor or administrator) generally must file a complete estate inventory with the Clerk of Superior Court even if all heirs agree to split…
What does an ancillary probate do when the will was already probated in another jurisdiction? – North Carolina Short Answer In North Carolina, an ancillary probate (ancillary estate administration) is the local court process that lets the Clerk of Superior Court recognize a will that was already probated elsewhere and then clear and document title…
What happens if I contact the wrong timeshare company—how do I identify the correct owner services department to request records? – North Carolina Short Answer If the wrong company is contacted, the most common result is a delay because the company either has no records or only has partial records (for example, exchange membership rather…
Can the estate sell the property while there is a dispute, or does everything have to be resolved first? – North Carolina Short Answer In North Carolina, an estate can sometimes move forward with selling real estate even while other parts of the estate are still being worked on, but a dispute can slow or…
