Can I collect the accident insurance payout through her estate and how? – North Carolina Short Answer In North Carolina, accident (AD&D) or life insurance pays to the named beneficiary, not the estate. If the policy names the estate—or if no living beneficiary is listed—the proceeds become a probate asset and the personal representative (PR)…
What steps are needed to transfer inherited real property under a will after two years? – North Carolina Short Answer In North Carolina, you generally probate the will (often without appointing a personal representative) to establish record title in the devisees and then convey by deed. Because more than two years have passed, a sale…
What do I need to do to clear back taxes on inherited real estate and avoid foreclosure? – North Carolina Short Answer In North Carolina, property tax liens attach to the land and must be paid to pass clear title or stop a county tax foreclosure. Because your mother died more than two years ago,…
What are an executor’s duties to notify heirs before selling estate property? – North Carolina Short Answer In North Carolina, an executor must give formal, court-approved notice to heirs and devisees only when selling real property through a special proceeding to raise funds to pay estate debts. If the will gives the executor a clear…
What documents does the court require to approve a year’s allowance filing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court typically needs: (1) a completed AOC‑E‑100 Application and Assignment of Year’s Allowance, (2) a certified death certificate, (3) proof of relationship (e.g., marriage certificate for a spouse or birth certificate/guardianship…
What exactly is a letter of testamentary and when do I need one to sell estate assets? – North Carolina Short Answer In North Carolina, “letters testamentary” (or “letters of administration” if there is no will) are the Clerk of Superior Court’s document that authorizes a personal representative to collect, manage, and sell estate assets.…
How can I sell the decedent’s car with only a year’s allowance instead of opening a full probate estate? – North Carolina Short Answer In North Carolina, you can sell a decedent’s car without opening a full estate by using a year’s allowance and the DMV’s affidavit process. If the Clerk of Superior Court assigns…
What steps do I need to appeal a probate decision from another jurisdiction? – North Carolina Short Answer In North Carolina, if you want to challenge a probate decision about whether a will is valid, you typically file a “caveat” with the Clerk of Superior Court in the county where the will was probated. A…
What evidence is required to prove a will has been falsified? – North Carolina Short Answer In North Carolina, you challenge a falsified (forged or altered) will by filing a will caveat. The propounder must first show the will was properly executed; then you must prove falsification by the greater weight of the evidence. Typical…
How can I correctly complete and file the application for letters of administration to avoid invalidation? – North Carolina Short Answer In North Carolina, file a sworn Application for Letters of Administration (AOC-E-202) with the Clerk of Superior Court in the proper county, and make sure all filings are consistent with who will serve. If…
