Category Archives: Probate Q&A Series

What happens if contradictory renunciation and co-application forms are submitted for personal representative?: North Carolina law

What happens if contradictory renunciation and co-application forms are submitted for personal representative? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court will not issue letters until the application clearly shows who is entitled to serve and any equal-priority heirs have either renounced or received required notice. If one sibling signed…

How do I formally renounce my right to serve as personal representative in an estate administration?: in North Carolina

How do I formally renounce my right to serve as personal representative in an estate administration? – North Carolina Short Answer In North Carolina, you renounce your right to serve by filing a signed and acknowledged renunciation with the Clerk of Superior Court before letters are issued. Use the court form titled “Renunciation of Right…

How do I inventory and divide personal assets like vehicles or livestock in probate?: Clear steps for North Carolina estates

How do I inventory and divide personal assets like vehicles or livestock in probate? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (administrator) must list and value all probate personal property at the decedent’s date of death and file an inventory within three months of qualifying. Vehicles require detailed identification (including…

How can I secure and access inherited property before probate is finalized?: North Carolina

How can I secure and access inherited property before probate is finalized? – North Carolina Short Answer In North Carolina, you generally need legal authority from the Clerk of Superior Court before you can control estate property. The usual path is to qualify as the estate’s administrator (or, in urgent situations, as a temporary collector),…

What steps handle a Medicaid lien on estate property in an intestate case?: North Carolina

What steps handle a Medicaid lien on estate property in an intestate case? – North Carolina Short Answer In North Carolina, open an estate and appoint a personal representative, give proper creditor notices (including personal notice to the Division of Health Benefits), and allow the State to present its Medicaid estate recovery claim. If personal…

What is the probate process in North Carolina when someone dies without a will?

What is the probate process in North Carolina when someone dies without a will? Short Answer In North Carolina, dying without a will means the estate is administered through intestate probate. The Clerk of Superior Court appoints an administrator who gathers assets, publishes and mails notice to creditors, pays valid claims (including any Medicaid estate…

What steps do I take to get reimbursed for funeral, publication, and other out-of-pocket expenses from an estate?: North Carolina

What steps do I take to get reimbursed for funeral, publication, and other out-of-pocket expenses from an estate? – North Carolina Short Answer In North Carolina, anyone who paid funeral, publication, or other estate-related costs should submit a written claim with receipts to the personal representative (executor or administrator) before the deadline in the published…

Can I transfer a vehicle or other assets from an estate to a beneficiary before the probate process is fully closed?: North Carolina probate guidance on early distributions

Can I transfer a vehicle or other assets from an estate to a beneficiary before the probate process is fully closed? – North Carolina Short Answer Yes, but do it with care. In North Carolina, a personal representative can make partial distributions before closing the estate if claims, taxes, and administration costs have been paid…

How should I handle a savings bond with no beneficiary?: North Carolina

How should I handle a savings bond with no beneficiary? – North Carolina Short Answer In North Carolina, a U.S. savings bond titled only in the decedent’s name with no co-owner or payable-on-death beneficiary is a probate asset. The executor should list it on the estate Inventory, use Letters (Testamentary or of Administration) and the…

How do executor fees work and what documentation should I keep for a reasonable commission?

How do executor fees work and what documentation should I keep for a reasonable commission? – North Carolina Short Answer In North Carolina, executor commissions are allowed but not automatic. The Clerk of Superior Court sets a reasonable amount up to 5% of commissionable receipts and disbursements (not distributions to heirs). Commissionable items generally include…