Can I challenge the personal representative for failing to notify all heirs of the estate administration? – North Carolina Short Answer Yes. In North Carolina, an heir (an “interested person”) can ask the Clerk of Superior Court overseeing the estate to require the personal representative to comply with required notice and reporting duties, and in…
What happens if the title company won’t clear title until the creditor notice period is complete? – North Carolina Short Answer In North Carolina, a title company may refuse to insure (and therefore refuse to “clear” title for closing) until the estate has published the general notice to creditors and the claim period has run,…
How can I get the bank to release funds from a locked joint account using a year’s allowance claim? – North Carolina Short Answer In North Carolina, a surviving spouse can ask the Clerk of Superior Court for a year’s allowance and have specific personal property (including cash in a bank account that is treated…
Can heirs bypass a court petition for property sale if the estate vests automatically after two years? – North Carolina Short Answer In North Carolina, heirs usually do not need a court-ordered “petition to sell” just because more than two years have passed since the death. Title to real estate typically passes to the heirs…
How can I prove my executor appointment to a hospital billing department? – North Carolina Short Answer In North Carolina, the standard way to prove executor (personal representative) authority to a hospital billing department is to provide a certified copy of Letters Testamentary (if there is a will) or Letters of Administration (if there is…
How do I enforce a court judgment restoring property when someone reclaims heir status? – North Carolina Short Answer In North Carolina, enforcing a court judgment that orders property returned to an estate (or to the people entitled to it) usually starts by going back to the same forum that issued the order and asking…
How can I update or assume the existing mortgage on the property once I’m serving as personal representative? – North Carolina Short Answer In North Carolina, becoming the personal representative does not automatically put the mortgage into the personal representative’s name, and the deed transfer to an heir does not, by itself, change who is…
How do I claim my share of the home’s value through probate if I do not want to keep or live in the property? – North Carolina Short Answer In North Carolina, a person who inherits an interest in a home but does not want to keep it typically claims the value by (1) making…
What paperwork do I need to remove a deceased spouse’s name from a car title? – North Carolina Short Answer In North Carolina, the paperwork depends on how the vehicle was titled and whether a personal representative has been appointed. Many surviving spouses can update the title by taking the current title and a certified…
Can I use letters of administration to request a loan modification on estate property? – North Carolina Short Answer Often, yes. In North Carolina, once a person is appointed as the estate’s administrator and receives letters of administration from the Clerk of Superior Court, that person usually has authority to communicate with the mortgage servicer…
