What steps do I need to open probate when my parent died intestate and I’m left out of the process? – North Carolina Short Answer In North Carolina, any heir can start an intestate estate by filing an application for letters of administration with the Clerk of Superior Court in the county where the parent…
Can my sibling legally assume the mortgage and retitle co-owned property without my consent? – North Carolina Short Answer No. In North Carolina, when someone dies without a will, title to their real estate passes immediately to the heirs as co-owners. One heir cannot unilaterally transfer, retitle, or encumber the other heir’s share. Assuming the…
What steps should I take if assets are co-owned by heirs but not formally included in the estate? – North Carolina Short Answer In North Carolina, real estate usually passes directly to heirs at death and is not part of the probate estate unless the personal representative obtains legal authority over it. If estate funds…
What is the proper way to document a personal representative’s reimbursement or distribution of estate expenses? – North Carolina Short Answer List the transaction on the Annual Account (AOC-E-506), attach vouchers (e.g., bank statements, canceled checks, tax bill marked paid), and show how you corrected it. Under North Carolina law, you can either reimburse the…
Can I use estate funds to pay property taxes on a decedent’s home that passed directly to heirs? – North Carolina Short Answer Generally, no. In North Carolina, title to a decedent’s real property passes directly to the heirs or devisees at death, so post‑death expenses like property taxes are usually their responsibility, not the…
How can I create and use affidavits to explain or correct erroneous withdrawals in an estate accounting? – North Carolina Short Answer In North Carolina, every estate account must include proof for each disbursement. If estate funds were mistakenly used (for example, to pay taxes on real property that passed directly to heirs), the personal…
How do I file an annual estate accounting with the court for a decedent’s estate? – North Carolina Short Answer In North Carolina, if an estate stays open more than one year, the personal representative must file an annual account with the Clerk of Superior Court using the AOC-E-506 form. It’s due by the 15th…
What are the rules and timelines for selling estate property during probate? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) may sell personal property without a court order, but selling real estate generally requires either clear authority in the will or a special proceeding before the Clerk of Superior…
Can I file probate myself to pay the funeral home bill or does the surviving spouse have priority in accessing the funds? – North Carolina Short Answer In North Carolina, the surviving spouse has first priority to be appointed as the estate’s administrator, but a child can file if the spouse waives, is unqualified, or…
How long does it typically take to get approved as an estate administrator so I can access my parent’s bank account? – North Carolina Short Answer In North Carolina, if the applicant has priority to serve and files complete paperwork, the Clerk of Superior Court can often issue Letters of Administration the same day or…
