What happens if someone else files to administer the estate after I already submitted my application? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court decides who gets appointed as the estate’s personal representative (often called the “administrator” in an intestate estate). If someone else files after an application is already…
Can I correct or amend probate paperwork if I find a mistake after I send it back? – North Carolina Short Answer Yes. In North Carolina, probate paperwork filed with the Clerk of Superior Court (Estates) can usually be corrected by filing a corrected or amended form, a supplemental affidavit, or a written request that…
Can the surviving spouse legally keep items that were specifically left to my child in the will? – North Carolina Short Answer Usually, no. In North Carolina, items that a will specifically leaves to a named beneficiary are supposed to be delivered through the estate administration process by the personal representative (executor), not kept by…
Why would the house title still show multiple heirs after we already finished the estate paperwork? – North Carolina Short Answer In North Carolina, finishing probate or estate administration does not automatically “update the deed” in the county land records. In many estates, title to real estate vests in the heirs or devisees at death…
What can I do if my relative’s child changed the will without telling me after I had been providing years of care? – North Carolina Short Answer In North Carolina, a relative’s child generally cannot “change the will” on their own; only the person who made the will can change it, as long as they…
If my spouse died and we were never formally divorced, why would the probate affidavit say they were not married? – North Carolina Short Answer In North Carolina probate, an affidavit may list the decedent as “not married” because the person completing it believes there was no legal surviving spouse for probate purposes, even if…
Can the life tenant and the remaindermen sign a private agreement listing what items stay with the house and what personal property is only being “loaned” for use during the life estate? – North Carolina Short Answer Yes. In North Carolina, the life tenant and all remaindermen can sign a written private agreement that clearly…
How do I claim money being held by the state treasury or unclaimed property office for a deceased family member when I have power of attorney for a living relative? – North Carolina Short Answer In North Carolina, a power of attorney for a living person usually does not let an agent claim unclaimed property…
Do I need a quitclaim deed, an executor/administrator deed, or something else to transfer the house after a death? – North Carolina Short Answer In North Carolina, the “right” deed depends on how the home passed at death and whether a personal representative had authority to sign for the estate. If the home passed to…
What can I do if someone transferred my deceased parent’s property after they died without telling the heirs? – North Carolina Short Answer In North Carolina, the first practical step is usually to open the estate with the Clerk of Superior Court and get a personal representative appointed, then immediately pull the recorded deeds and…
