Category Archives: Probate Q&A Series

What steps can I take to remove the foster child from the estate home and recover my sister’s personal property?: Practical steps under North Carolina law

What steps can I take to remove the foster child from the estate home and recover my sister’s personal property? – North Carolina Short Answer In North Carolina, you must first obtain legal authority over the estate—either by qualifying as personal representative (executor/administrator) or by asking the Clerk of Superior Court to appoint a temporary…

How can I challenge the validity of my sister’s will if the beneficiary’s name is wrong?: North Carolina guidance

How can I challenge the validity of my sister’s will if the beneficiary’s name is wrong? – North Carolina Short Answer In North Carolina, you challenge a will’s validity by filing a caveat with the Clerk of Superior Court within the legal time limits. A wrong or misspelled beneficiary name by itself usually triggers a…

What steps should I take to satisfy court clerk requirements for assigning a car title after a death?

What steps should I take to satisfy court clerk requirements for assigning a car title after a death? – North Carolina Short Answer In North Carolina, you can transfer a deceased owner’s vehicle without full probate by using the clerk-certified DMV affidavit process, the spousal year’s allowance, summary administration, or (in small estates) collection by…

What is required to execute a power of attorney for a child abroad to assign property in North Carolina?

What is required to execute a power of attorney for a child abroad to assign property in North Carolina Short Answer In North Carolina, the DMV’s assignment-by-affidavit process for a deceased owner’s vehicle requires all heirs to sign a sworn Affidavit of Authority to Assign Title (MVR-317) before the Clerk of Superior Court. A child…

How can I become my son’s legal representative to sign his share of a jointly titled property after my husband’s death?: Practical options under North Carolina probate and DMV rules

How can I become my son’s legal representative to sign his share of a jointly titled property after my husband’s death? – North Carolina Short Answer In North Carolina, you generally cannot sign a motor-vehicle title assignment affidavit for an adult child unless he signs it himself or gives you written authority. For a DMV…

Can I withdraw as the nominated executor and what is the process to end my responsibility?: North Carolina

Can I withdraw as the nominated executor and what is the process to end my responsibility? – North Carolina Short Answer Yes. In North Carolina, if you have not qualified (taken the oath and received Letters), you may end your obligation by filing a written renunciation with the Clerk of Superior Court. If you have…

Am I personally liable for unpaid nursing home bills or property taxes if I step away as executor?

Am I personally liable for unpaid nursing home bills or property taxes if I step away as executor? – North Carolina Short Answer In North Carolina, you are not personally liable for your loved one’s debts (like a nursing home bill or property taxes) just because you were named executor and decide not to serve.…

How will estate assets and real property be used to pay creditors and cover care expenses?: Clear rules for North Carolina estates

How will estate assets and real property be used to pay creditors and cover care expenses? – North Carolina Short Answer In North Carolina, a court‑appointed personal representative (PR) pays valid estate bills in a strict statutory order. Estate cash and personal property are used first. If that is not enough, the PR can ask…

What steps do I need to open a probate estate and validate a will without the original document?

What steps do I need to open a probate estate and validate a will without the original document? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to admit a copy of a lost or destroyed will if you prove certain facts with strong, clear evidence. You must…

How can I recover the original will or probate a copy if the original is lost?: Practical steps in North Carolina

How can I recover the original will or probate a copy if the original is lost? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to admit a lost or destroyed will by proving five things with clear, convincing evidence: the testator’s death, proper execution of the original…