What are an executor’s duties to notify heirs before selling estate property? – North Carolina Short Answer In North Carolina, an executor must give formal, court-approved notice to heirs and devisees only when selling real property through a special proceeding to raise funds to pay estate debts. If the will gives the executor a clear…
What documents does the court require to approve a year’s allowance filing? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court typically needs: (1) a completed AOC‑E‑100 Application and Assignment of Year’s Allowance, (2) a certified death certificate, (3) proof of relationship (e.g., marriage certificate for a spouse or birth certificate/guardianship…
What exactly is a letter of testamentary and when do I need one to sell estate assets? – North Carolina Short Answer In North Carolina, “letters testamentary” (or “letters of administration” if there is no will) are the Clerk of Superior Court’s document that authorizes a personal representative to collect, manage, and sell estate assets.…
How can I sell the decedent’s car with only a year’s allowance instead of opening a full probate estate? – North Carolina Short Answer In North Carolina, you can sell a decedent’s car without opening a full estate by using a year’s allowance and the DMV’s affidavit process. If the Clerk of Superior Court assigns…
What steps do I need to appeal a probate decision from another jurisdiction? – North Carolina Short Answer In North Carolina, if you want to challenge a probate decision about whether a will is valid, you typically file a “caveat” with the Clerk of Superior Court in the county where the will was probated. A…
What evidence is required to prove a will has been falsified? – North Carolina Short Answer In North Carolina, you challenge a falsified (forged or altered) will by filing a will caveat. The propounder must first show the will was properly executed; then you must prove falsification by the greater weight of the evidence. Typical…
How can I correctly complete and file the application for letters of administration to avoid invalidation? – North Carolina Short Answer In North Carolina, file a sworn Application for Letters of Administration (AOC-E-202) with the Clerk of Superior Court in the proper county, and make sure all filings are consistent with who will serve. If…
What happens if contradictory renunciation and co-application forms are submitted for personal representative? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court will not issue letters until the application clearly shows who is entitled to serve and any equal-priority heirs have either renounced or received required notice. If one sibling signed…
How do I formally renounce my right to serve as personal representative in an estate administration? – North Carolina Short Answer In North Carolina, you renounce your right to serve by filing a signed and acknowledged renunciation with the Clerk of Superior Court before letters are issued. Use the court form titled “Renunciation of Right…
How do I inventory and divide personal assets like vehicles or livestock in probate? – North Carolina Short Answer In North Carolina, the court-appointed personal representative (administrator) must list and value all probate personal property at the decedent’s date of death and file an inventory within three months of qualifying. Vehicles require detailed identification (including…
