How do we confirm what paperwork is needed to release escrowed sale proceeds to an estate during probate? – North Carolina Short Answer In North Carolina, escrowed sale proceeds are typically released to the estate only after the escrow holder confirms who has legal authority to receive estate assets. The most common “proof” is a…
What are the first legal steps to take right after a loved one dies? – North Carolina Short Answer In North Carolina, the first legal steps after a death usually are (1) secure property and gather key documents, (2) locate the will (if any), and (3) contact the Clerk of Superior Court (Estates Division) in…
As the parent, am I the right person to collect and distribute this account if there is no will? – North Carolina Short Answer Sometimes, but being a parent does not automatically give authority to collect and distribute an adult child’s brokerage account in North Carolina. If the account is part of the probate estate…
What is the process to obtain the right court papers so I can manage and collect retirement benefits for the estate? – North Carolina Short Answer In North Carolina, the “right court papers” for managing and collecting a decedent’s retirement benefits on behalf of an estate are usually Letters Testamentary (if there is a will)…
If I live out of state, can I still serve as executor or do I need a local administrator? – North Carolina Short Answer In North Carolina, living out of state does not automatically prevent someone from serving as executor (or administrator). In many cases, a nonresident personal representative can qualify, but the Clerk of…
What happens if the named executor is unwilling or unable to serve, and how is a replacement appointed? – North Carolina Short Answer In North Carolina, if the person named as executor will not serve (or cannot serve), the estate does not stop. The Clerk of Superior Court (Estates Division) can treat the executor as…
Do I have a right to access the home and my parent’s personal effects, or can the surviving spouse force me to leave? – North Carolina Short Answer In North Carolina, an adult child usually does not have an automatic right to enter a deceased parent’s home or take personal effects just because the child…
If the bank refuses to honor the designation, is a small-estate affidavit or affidavit of collection an option, and what steps are required? – North Carolina Short Answer Sometimes. In North Carolina, a “collection of personal property by affidavit” (often called a small-estate affidavit) can let an eligible person collect certain estate assets without opening…
How do I start probate quickly if a relative already began the court paperwork? – North Carolina Short Answer In North Carolina, probate starts and moves forward through the Clerk of Superior Court (the “estate file”). If a relative already opened the file or submitted forms, the fastest path is usually to step into that…
What happens to automatic payments or loans at a bank after someone dies? – North Carolina Short Answer In North Carolina, a person’s death does not automatically cancel loans or other debts, but it often does change who has authority to make payments and access the account. Most banks will restrict a sole-owner account once…
