What documents do I need to sign to receive letters of administration? – North Carolina Short Answer In North Carolina, the document that must be signed to complete the appointment process and allow the Clerk of Superior Court to issue letters of administration is the administrator’s oath. Depending on the estate and the administrator’s residency,…
How should an estate handle rent from a tenant living in estate property after the owner dies, especially if the tenant is hard to reach? – North Carolina Short Answer In North Carolina, rent for property owned by a deceased person should generally be treated as an estate asset and collected by the court-appointed personal…
What happens to a joint bank account after a co-owner dies—can I keep using it or does it become part of the estate? – North Carolina Short Answer In North Carolina, a joint bank account often passes to the surviving co-owner outside of probate if the account was set up with a right of survivorship.…
What am I actually signing if the decedent’s family asks me to waive or renounce rights in the estate, and should I sign anything at all? – North Carolina Short Answer In North Carolina, “waiver/renunciation” paperwork can mean very different things, but many versions are designed to (1) give someone else the right to serve…
If I file for both a year’s allowance and a spouse’s share in the estate, can the adult children challenge it or block the distribution? – North Carolina Short Answer Yes. In North Carolina, adult children (and other people with legal standing) can challenge a surviving spouse’s year’s allowance award and can also participate in…
How do I enforce a will when the estate administrator refuses to give a beneficiary’s inheritance after the beneficiary dies? – North Carolina Short Answer In North Carolina, a beneficiary’s inheritance generally does not disappear just because the beneficiary dies before receiving it. In most cases, the beneficiary’s share becomes an asset of the beneficiary’s…
What could happen if the waiver of commission is submitted incorrectly or without the rest of the required paperwork? – North Carolina Short Answer In North Carolina estate administration, a waiver of commission usually does not “work” by itself. If it is submitted incorrectly or without the other required estate filings, the Clerk of Superior…
Can I still close the estate if I missed earlier filing requirements or deadlines? – North Carolina Short Answer Usually, yes. In North Carolina, missing an earlier probate filing deadline (like the 90-day inventory or an annual account) does not automatically prevent an estate from being closed, but it can trigger notices, orders to file,…
What does it mean if my parent died without a will and my sibling already got appointed to run the estate? – North Carolina Short Answer In North Carolina, dying without a will means the estate is handled under the state’s “intestate succession” rules, and the Clerk of Superior Court appoints an administrator (often a…
How can I request certified copies or regular copies of an estate court file? – North Carolina Short Answer In North Carolina, estate files are maintained by the Clerk of Superior Court (Estates). Copies are usually requested either in person at the clerk’s office or remotely through the court system’s online tools and e-filing portal,…
