Can I be appointed as the estate administrator if my other siblings won’t cooperate or won’t respond? – North Carolina Short Answer Yes. In North Carolina, a child/heir can still be appointed as the estate administrator even if other siblings will not cooperate or will not respond, as long as the Clerk of Superior Court…
If my spouse died without a will, can their children claim part of our home even though we bought it during the marriage and both names are on the title? – North Carolina Short Answer Usually no—if the home is titled to both spouses in North Carolina, it is commonly held as tenants by the…
What documents does an insurer usually require to send a refund check to the estate administrator? – North Carolina Short Answer In North Carolina, an insurer usually asks for proof of death and proof that the person requesting the refund has legal authority to act for the estate. In practice, that typically means a certified…
Why is my parent’s estate still not closed after several years, and what usually causes probate to take this long? – North Carolina Short Answer In North Carolina, an estate can stay open for years when the personal representative cannot (or does not) complete the steps needed for the Clerk of Superior Court to approve…
What should the executor communicate to a secured creditor to avoid foreclosure while the probate process is pending? – North Carolina Short Answer In North Carolina, an executor (personal representative) usually cannot stop a secured creditor from enforcing its lien just because probate is pending. To reduce the chance of foreclosure while the estate seeks…
What should I do if I can’t access the remote hearing on the day of the proceeding? – North Carolina Short Answer In North Carolina probate and estate special proceedings, if a remote hearing link will not work (or was never received), the safest move is to immediately contact the office that scheduled the hearing…
Can letters be issued without a bond so the wrongful-death claim can move forward, with the bond handled later when funds are received? – North Carolina Short Answer Yes, in many North Carolina “wrongful-death-only” estate openings, the Clerk of Superior Court can issue letters without requiring an immediate bond, so the personal representative can file…
Can a financial institution refuse to speak with me about the account until I’m appointed by the court? – North Carolina Short Answer Yes. In North Carolina, a bank or investment firm will often refuse to discuss details or allow any action on a deceased person’s account until someone has legal authority to act for…
What happens if we only have copies of the original will and not the signed original? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually expects the signed original will for probate. If the original cannot be found, a copy may still be admitted, but only after a separate “lost…
What do I need to include in the probate inventory, and what happens if I miss the deadline and need an extension? – North Carolina Short Answer In North Carolina, the personal representative (estate administrator) generally must file an inventory within three months after qualification, listing the probate assets that came into the personal representative’s…
