Category Archives: Probate Q&A Series

What happens if the estate hasn’t been opened yet—can I handle urgent tasks like paying funeral bills or protecting property in the meantime? NC

What happens if the estate hasn’t been opened yet—can I handle urgent tasks like paying funeral bills or protecting property in the meantime? – North Carolina Short Answer In North Carolina, most “estate” tasks require authority from the Clerk of Superior Court, which usually starts when the court issues Letters Testamentary or Letters of Administration.…

What happens if the bank refuses to release funds without additional court paperwork? – NC

What happens if the bank refuses to release funds without additional court paperwork? – North Carolina Short Answer In North Carolina, a bank commonly will not release a deceased person’s funds until the person asking for the money proves legal authority to act for the estate. That usually means presenting certified Letters Testamentary or Letters…

How do I oppose a motion for summary judgment in a will caveat when there are factual disputes about intent, revocation, and undue influence? – NC

How do I oppose a motion for summary judgment in a will caveat when there are factual disputes about intent, revocation, and undue influence? – North Carolina Short Answer In a North Carolina will caveat, summary judgment should be denied if the evidence shows a genuine dispute about material facts such as the testator’s intent,…

Can I finish the estate’s final accounting first, or must the disclaimer be completed before closing the probate file? – NC

Can I finish the estate’s final accounting first, or must the disclaimer be completed before closing the probate file? – North Carolina Short Answer In North Carolina, the probate file can usually be closed only after the personal representative has made final distributions and can document them in a final account. If a beneficiary plans…

How can I sell the estate house as administrator when there is no will, and do all heirs need to consent or can the court authorize the sale? – NC

How can I sell the estate house as administrator when there is no will, and do all heirs need to consent or can the court authorize the sale? – North Carolina Short Answer In North Carolina, an administrator of an intestate estate usually cannot sell the decedent’s real estate just by signing a listing agreement…

How can I get an insurance refund or returnpremium check reissued to the estate after the policyholder dies? NC

How can I get an insurance refund or returnpremium check reissued to the estate after the policyholder dies? – North Carolina Short Answer In North Carolina, an insurer will usually reissue a returnpremium (refund) check to an estate once the estate has an appointed personal representative (executor or administrator) and the insurer receives proof of…

How do I ensure secure delivery of inherited jewelry across state lines? – NC

How do I ensure secure delivery of inherited jewelry across state lines? – North Carolina Short Answer In North Carolina, the personal representative (executor) must safeguard estate property and ultimately deliver the correct items to the right beneficiaries. If an executor refuses to release inherited jewelry, the usual fix is not a “shipping dispute” but…

What happens if the county clerk rejects my electronic inventory filing? – NC

What happens if the county clerk rejects my electronic inventory filing? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court (Estates Division) rejects an electronically filed estate inventory, the inventory is generally treated as not filed until the corrected version is accepted. The personal representative still must meet the statutory…

Am I eligible to serve as executor if the will naming me hasn’t been properly executed? – NC

Am I eligible to serve as executor if the will naming me hasn’t been properly executed? – North Carolina Short Answer In North Carolina, a person becomes eligible to act as executor only after the Clerk of Superior Court admits a will to probate and issues letters testamentary. If the will naming that person is…

How can I sell trust-owned real property to satisfy estate creditor claims? – NC

How can I sell trust-owned real property to satisfy estate creditor claims? – North Carolina Short Answer In North Carolina, a trustee can often sell trust-owned real property under the trust’s sale powers and use the net proceeds to pay allowed creditor claims, but the trustee must coordinate closely with the estate’s creditor-claims process and…