What paperwork is needed to withdraw or amend an estate filing so the court considers the correct will? – North Carolina Short Answer In North Carolina, the probate file is handled by the Clerk of Superior Court (the judge of probate). If an estate was opened with an older will and letters have not been…
How do I stop letters testamentary from being issued when I believe the wrong will was filed in probate? – North Carolina Short Answer In North Carolina, the main way to stop an estate from moving forward under the wrong will is to file a caveat (a will contest) with the Clerk of Superior Court…
Do I have to pay estate debts out of my own pocket if the estate funds are short? – North Carolina Short Answer Usually no. In North Carolina, a personal representative (executor or administrator) generally pays valid estate debts only from estate assets—not personal funds. Personal liability can arise if the personal representative mishandles the…
As the executor, what documents should I gather first to help settle a relative’s estate? – North Carolina Short Answer In North Carolina, the fastest way to move an estate forward is to gather documents that (1) prove the death, (2) show who has authority to act, and (3) identify the estate’s assets and debts.…
When should I close an estate investment account if there are pending transactions or checks that still need to clear? – North Carolina Short Answer In North Carolina, an estate investment (brokerage) account usually should stay open until all known estate expenses are paid, all pending trades and distributions have fully settled, and any checks…
Do I need the witness to sign in front of a notary too, or is a witness signature enough? – North Carolina Short Answer In North Carolina, a witness signature is sometimes enough, but it depends on what the document is and what the form requires. Many probate and estate administration forms require a signature…
Can a lawyer help me request missing health insurance tax forms needed to file a final tax return for an estate? – North Carolina Short Answer Yes. In North Carolina, an estate lawyer can help the estate’s authorized representative (usually the court-appointed personal representative) request missing health insurance tax forms from the health insurance marketplace…
What documents do I need to review and sign to move the estate forward? – North Carolina Short Answer In North Carolina, once an estate is already opened, the documents that usually move the administration forward are the personal representative’s required filings with the Clerk of Superior Court (especially the inventory and later accountings), plus…
When is it risky to sign a waiver of bond, and what protections do I lose if I sign it? – North Carolina Short Answer In North Carolina probate, signing a waiver of bond can be risky when there is any real chance the personal representative (executor/administrator) could mishandle estate money or property, or when…
What paperwork and information do I need to start the probate process for an estate with no will? – North Carolina Short Answer In North Carolina, starting probate for an estate with no will usually means filing an application with the Clerk of Superior Court to be appointed as the estate’s administrator and to receive…
