Can I sell co-owned real estate in probate to pay off debts and split the proceeds with other family members? – North Carolina Short Answer Yes, under North Carolina law the estate’s personal representative can ask the Clerk of Superior Court for authority to sell real estate when money is needed to pay valid estate…
How do I access my mother’s bank account and obtain a title for her car without a will? – North Carolina Short Answer In North Carolina, you generally access a deceased parent’s bank account either by qualifying as the estate’s Administrator and using Letters of Administration, or—if total personal property is small—by using a collection-by-affidavit…
Will I have to post a bond to serve as estate administrator if my co-heir agrees to waive that requirement? – North Carolina Short Answer In North Carolina, an administrator generally must post a bond before the Clerk of Superior Court issues Letters of Administration. However, if you are a North Carolina resident and all…
What documents should I gather to notify creditors and submit claims against the estate? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court issues Letters Testamentary, the executor must publish a general Notice to Creditors and mail personal notice to known or reasonably ascertainable creditors within 75 days. Claims must…
What do I need to file to get the house title transferred to me as sole heir in North Carolina? Short Answer In North Carolina, title to a home devised in a will generally passes to the beneficiary at death, but you must probate the will and record certified copies to show marketable title. Practically,…
Can I settle or refinance my parent’s car loan and get the title into my name during probate? – North Carolina Short Answer Yes, but only after you are officially appointed and receive Letters Testamentary. As executor, you may pay off the car loan with estate funds or transfer the vehicle subject to the lender’s…
What steps do I need to complete and submit inventory and accounting forms for my mother’s estate? – North Carolina Short Answer In North Carolina, the personal representative must file an inventory of the estate’s assets within three months of qualifying and then file annual accounts if the estate stays open beyond one year, followed…
How do I list life insurance policies when preparing probate forms for different decedents? – North Carolina Short Answer In North Carolina, list life insurance differently based on who gets the money. If the decedent’s estate is the beneficiary (or no beneficiary survives and the policy defaults to the estate), include the proceeds as an…
What are the requirements for filing probate documents in multiple jurisdictions? – North Carolina Short Answer In North Carolina, you file the primary (domiciliary) estate in the county where the decedent was domiciled and use ancillary administration in any other state where the decedent owned property. The personal representative must file a preliminary inventory with…
How do I enforce the expense-sharing provisions in our property sale agreement with a co-owner? – North Carolina Short Answer In North Carolina, you can enforce expense-sharing two ways: (1) as a contract claim in Superior Court if your co-owner agreed in writing to split costs and won’t pay, and (2) in a partition proceeding…
