What steps let me finalize a DMV title transfer after a small estate affidavit is approved? – North Carolina Short Answer In North Carolina, a vehicle that is still titled in a deceased persons name can often be retitled through the N.C. Division of Motor Vehicles (DMV) using DMVs inheritance affidavit process, even when the…
How can I transfer a car titled in my parent’s name using a small estate affidavit when my co-executor won’t sign? – North Carolina Short Answer In North Carolina, a “small estate affidavit” (collection by affidavit) does not work the same way for vehicle titles as it does for bank accounts, and the DMV often…
Am I entitled to half the sale proceeds of the vehicle once probate is complete even if the title isn’t updated? – North Carolina Short Answer Usually, yes—if the will or North Carolina intestacy rules say the beneficiary share is one-half, the right to that share comes from the estate distribution, not from whether the…
What happens in probate if I can’t obtain the proof of publication—can the court accept other evidence? – North Carolina Short Answer Yes. In North Carolina probate, the usual way to prove publication of the notice to creditors is an affidavit (proof) of publication from the newspaper, but that is not the only permitted proof.…
What happens if the mortgage lender starts foreclosure while we are preparing to list the property through the estate? – North Carolina Short Answer In North Carolina, a mortgage lender can usually keep moving forward with foreclosure even if an estate is being administered and the property is about to be listed for sale. The…
Are there time limits that could stop me from claiming property or funds from an old estate? – North Carolina Short Answer Yes. In North Carolina, several different time limits can block a claim connected to an old estate, and the deadline depends on what kind of claim it is. Creditor claims against an estate…
Can out-of-state heirs sign a disclaimer or transfer documents remotely so they don’t have to travel? – North Carolina Short Answer Yes, in many North Carolina probate situations, out-of-state heirs can sign disclaimers and related transfer documents without traveling to North Carolina. A disclaimer of an inheritance generally must be in writing and properly filed…
How can I find the original will if I only suspect one exists and don’t know where it’s kept? – North Carolina Short Answer In North Carolina, the most practical way to find an original will is to run a structured search of the places a will is commonly stored and to ask the Clerk…
How can I access and close my parent’s account and move funds into an estate account? – North Carolina Short Answer In North Carolina, a bank usually will not let an administrator access or close a deceased parent’s account until the administrator qualifies with the Clerk of Superior Court and receives certified Letters of Administration…
Can we recover funds if a relative emptied bank accounts by being added as a joint owner or co osigner, and how do we document that for the estate? – North Carolina Short Answer Sometimes, yes. In North Carolina, whether an estate can recover money from a joint bank account usually turns on whether the account…
