How can I claim funds held in a bank account left to me after someone dies? – North Carolina Short Answer In North Carolina, how to claim a deceased person’s bank funds depends on how the account was titled. If the account named a payable-on-death (POD) beneficiary or was a joint account with right of…
What do I do about real estate in the estate, including a home with a mortgage, if I’m not sure whether to sell or keep it? – North Carolina Short Answer In North Carolina, real estate owned only in the decedent’s name usually passes to the heirs at death, but it can still be pulled…
How do I complete the probate inventory when some assets pass outside the estate and small refund checks arrived after death? – North Carolina Short Answer In North Carolina, the probate inventory should list assets the personal representative can collect for the estate (generally, assets titled in the decedent’s name alone or payable to the…
What happens if the title is still in a prior relative’s name and was never updated during the estate—can I still retitle it to me? – North Carolina Short Answer Often, yes—but only if North Carolina’s chain of ownership can be proven from the person named on the title to the person who can legally…
Can I still handle the estate if we were separated but not legally separated when my spouse died? – North Carolina Short Answer Often, yes. In North Carolina, if a couple was separated in practice but not legally divorced when one spouse died, the surviving spouse is still usually treated as the “surviving spouse” for…
Does my power of attorney let me transfer or manage real estate that was owned by the parent who died? – North Carolina Short Answer No. In North Carolina, a power of attorney generally ends when the parent (the “principal”) dies, so it does not let an agent transfer or manage real estate after death.…
What steps are required to handle creditor claims and tax debts in my sibling’s estate? – North Carolina Short Answer In North Carolina, the estate’s administrator must (1) give proper notice to creditors, (2) collect and review claims that come in on time, and (3) pay valid claims in the order the law requires, which…
Can an estate administrator liquidate the shares and close the account with a written letter of instruction? – North Carolina Short Answer Often, yes—once the brokerage account has been transferred into the estate’s name and the administrator has authority under North Carolina probate to act, a brokerage will usually accept a signed letter of instruction…
When in the estate process are attorney fees typically paid out of estate funds? – North Carolina Short Answer In North Carolina estate administration, attorney fees are often paid from estate funds during the process, not only at the very end. In many estates, the personal representative pays invoices as work is completed and then…
Do I need to provide proof of the title transfer to the court, and what counts as proof? – North Carolina Short Answer Often, yes. In a North Carolina small estate where a vehicle must be retitled before the estate can be closed, the Clerk of Superior Court commonly expects written proof that the DMV…
