What steps do I need to transfer the family home to myself through probate? – North Carolina Short Answer In North Carolina, transferring a deceased parent’s home into one heir’s name usually requires opening an estate file with the Clerk of Superior Court in the county where the parent lived (domicile), then recording the right…
What happens to ongoing maintenance fees and other charges while a timeshare is in probate? – North Carolina Short Answer In North Carolina, a timeshare’s maintenance fees and other program charges usually keep coming due during probate. If the estate does not pay, the managing entity can add interest and late fees, restrict use rights,…
Do I need to open a probate case if the trust isn’t being carried out voluntarily? – North Carolina Short Answer Not always. In North Carolina, a trust can often be enforced through a trust proceeding (usually filed with the Clerk of Superior Court as an estate matter) without opening a full probate estate. However,…
How do I properly notify an insurance company of a policyholder’s death so their records and billing stop? – North Carolina Short Answer In North Carolina, the cleanest way to stop an insurance company’s billing and update its records after a policyholder’s death is to send a written notice with a certified death certificate and…
How can we transfer or gift an inherited rental property to a long-term tenant without creating future legal problems? – North Carolina Short Answer In North Carolina, an inherited rental property can be transferred or gifted to a long-term tenant, but the transfer should match how title passed at death (for example, survivorship property versus…
What is the difference between a deed of trust on a home and a UCC filing that shows up in land records? – North Carolina Short Answer In North Carolina, a deed of trust is the standard lien used to secure a home loan and it directly encumbers the real estate. A UCC filing usually…
How do I correct the probate paperwork if the real estate value listed on the application is wrong? – North Carolina Short Answer In North Carolina, the real estate value listed on the probate application (the preliminary inventory) is usually an estimate, and it can be corrected later by filing an updated inventory or an…
If a company owes the estate a refund for an overcharge, how can I compel payment and should that be pursued inside the probate case? – North Carolina Short Answer In North Carolina, an executor generally cannot “force” a company to pay a disputed refund through the probate file alone. Probate (before the Clerk of…
What happens to the probate timeline when the executor is unconscious and unable to act? – North Carolina Short Answer In North Carolina, probate does not automatically stop just because the named executor is unconscious or unable to act. If the executor cannot qualify or carry out duties, the Clerk of Superior Court can treat…
Do I need to file an inventory or interim accounting and adjust my executor bond based on the estate’s value? – North Carolina Short Answer In North Carolina, a personal representative (executor) generally must file a 90-day inventory with the Clerk of Superior Court within three months after qualification, and then file accounts (annual and…
