If a life insurance policy has no named beneficiary, does it automatically become part of the estate and get split among the heirs? – North Carolina Short Answer In North Carolina, if a life insurance policy truly has no living beneficiary (or the policy is payable to the estate), the proceeds are typically paid to…
How do I handle and get reimbursed for paying ongoing expenses on estate property in another state when other family members aren’t contributing? – North Carolina Short Answer In North Carolina, a personal representative generally should not “carry” estate expenses out of pocket without a clear paper trail and a plan to get repaid through…
Does a house with right of survivorship automatically pass to the co-owners, and do I still have to list it in an estate filing? – North Carolina Short Answer In North Carolina, real estate titled as a joint tenancy with right of survivorship generally passes automatically to the surviving co-owner(s) at death, instead of passing…
How do I transfer real estate that was owned by my parent who passed away? – North Carolina Short Answer In North Carolina, transferring a parent’s real estate after death usually requires confirming how title was held, identifying who inherits under a will (devisees) or under intestacy (heirs), and then recording the right documents in…
What do I need to file to open a probate estate when I’m named as executor in the will? – North Carolina Short Answer In North Carolina, opening a probate estate usually means filing the original will (and any codicils) with the Clerk of Superior Court in the proper county, plus an estate application to…
What can I do if valuable personal property was left off the estate inventory and another relative is holding it? – North Carolina Short Answer In North Carolina, an estate’s personal representative (executor/administrator) is responsible for finding, collecting, and reporting estate property, including filing an inventory and updating it when new assets are discovered. If…
Will it cause problems if the original will is mailed in later than expected? – North Carolina Short Answer It can cause problems in North Carolina if the original will is delayed, but a late delivery is often fixable if the original is still located and can be filed with the Clerk of Superior Court.…
Do I need to go to court to deal with an estate dispute, or can it be handled remotely? – North Carolina Short Answer In North Carolina, many estate disputes start in the Clerk of Superior Court’s estate division, and some steps can be handled without an in-person court appearance. North Carolina law also allows…
Can I request an extension of time to refile an accounting when the clerk requires a different format? – North Carolina Short Answer Yes. In North Carolina probate, the Clerk of Superior Court generally has discretion to extend certain accounting deadlines for good cause, and it is common to request more time when the clerk…
How do I properly reject a creditor’s claim and document that it was untimely? – North Carolina Short Answer In North Carolina estate administration, a personal representative typically documents an “untimely” creditor claim by (1) confirming the creditor did not properly present the claim within the statutory claims period and (2) sending a written notice…
