How is an administrator’s commission calculated, and what paperwork should show how they arrived at the commission amount? – North Carolina Short Answer In North Carolina, an administrator (personal representative) generally may receive a commission that the Clerk of Superior Court approves, up to a statutory maximum that is commonly calculated as a percentage of…
What happens to a deceased parent’s share of sale proceeds if the parent dies before getting the check? – North Carolina Short Answer In North Carolina, a parent’s share of sale proceeds does not “skip” to the children just because the parent died before the check was received. That money is typically an estate asset…
What documents will the DMV or a dealership require to process the title transfer after a year’s allowance is approved? – North Carolina Short Answer In North Carolina, when a vehicle is awarded through a spouse’s year’s allowance, the DMV (or a dealership handling the paperwork) typically needs a certified copy of the clerk’s year’s…
How can I close a long‑running probate when old creditor claims lack documentation or the companies no longer exist? – North Carolina Short Answer In North Carolina, a long-running probate can often be closed by (1) confirming whether each creditor claim was timely and properly presented, (2) requiring the claimant to provide basic proof and…
Do small bank account balances qualify for a simplified probate process in my area? – North Carolina Short Answer Often, yes. In North Carolina, small bank accounts may be collected using a simplified probate option called collection of personal property by affidavit (sometimes called a “small estate affidavit”) if the estate’s total qualifying personal property…
What documents can we use to prove ownership or inheritance rights if the will can’t be located or accessed? – North Carolina Short Answer In North Carolina, the strongest “proof” of inheritance rights usually comes from probate records: a certified copy of a probated will (and its certificate of probate) or, if no will can…
How can I find out what the will says if the executor refuses to share it? – North Carolina Short Answer In North Carolina, the fastest way to learn what a will says is usually to get it into the Clerk of Superior Court’s estate file, because a will becomes available through the court file…
What documents show that I’m the legally appointed personal representative or executor? – North Carolina Short Answer In North Carolina, the document most third parties accept as proof of authority is the court-issued Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These “letters” are issued by the…
Can we legally split off and sell only certain parcels, if the deed describes multiple tracts? – North Carolina Short Answer Often, yes—if the deed truly describes separate tracts (or lots) and the current owners have authority to convey them, North Carolina law generally allows selling the property as a whole or in parts. The…
How does a court decide to sell a deceased person’s house to pay estate debts, and can heirs object? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) can ask the Clerk of Superior Court for permission to sell a decedent’s real property when selling it is in the best…
