How do I figure out if this estate qualifies for the small‑estate process when the main assets are a car and the contents of an apartment? – North Carolina Short Answer In North Carolina, an estate often qualifies for the “small-estate” process (collection by affidavit) when the decedent’s probate assets are only personal property and…
What happens to my sibling’s share of the property if they died before the title was changed—does it pass to me or to their heirs? – North Carolina Short Answer In North Carolina, a person’s ownership interest usually vests at the earlier owner’s death, even if the deed was never “retitled” afterward. If the property…
What can I do if I do not have passwords or paperwork for my parent’s accounts and property records? – North Carolina Short Answer In North Carolina, the practical first step is to get legal authority to act for the estate (usually by qualifying as the personal representative through the Clerk of Superior Court). With…
Can my sibling receive the cars if their name isn’t on the titles but the estate plan says the cars should go to them? – North Carolina Short Answer Yes, in North Carolina a car can pass to a sibling through a will (or sometimes through a trust), even if the sibling’s name is not…
Do we need to challenge the deed separately, or does resolving the will first determine who owns the house and land? – North Carolina Short Answer In North Carolina, a will controls only what the person owned at death. If the house or land was transferred by a deed before death (or passes by another…
Who is responsible for insurance, storage, and maintenance for the estate’s vehicles while the case is pending? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) is generally responsible for safeguarding estate vehicles during probate, which usually includes keeping them insured, stored safely, and reasonably maintained until they are transferred,…
Do funeral or cremation costs get reimbursed before other debts, and what proof do I need? – North Carolina Short Answer In North Carolina, a decedent’s estate generally pays valid estate expenses and claims in a set order of priority. Reasonable funeral/cremation expenses are a high-priority category, but they are not first—estate administration costs come…
How do I access or transfer funds from a bank account that has no beneficiary when my spouse died without a will and the bank won’t give me information? – North Carolina Short Answer In North Carolina, a bank account that was only in a deceased spouse’s name and has no payable-on-death (beneficiary) designation is…
If the home was deeded to both spouses with survivorship, is it outside the estate, and how do we update the tax records and proceed with a sale? – North Carolina Short Answer Often yes. In North Carolina, if spouses held the home with a survivorship form of ownership (most commonly tenancy by the entirety),…
Do I need to do anything special with our joint bank accounts, such as closing them or notifying the bank, after my spouse’s death? – North Carolina Short Answer In North Carolina, a true joint account with a clear right of survivorship usually belongs to the surviving joint owner at death, so it often does…
