What kind of affidavit is needed from a surviving witness or notary to help validate a will? – NC Short Answer In North Carolina, the needed affidavit usually depends on whether the will can still be treated as self-proved. If the self-proving certificate is defective because a notary seal appears to be missing, the clerk…
What happens if a deceased person’s estate in one jurisdiction includes real property overseas? – NC Short Answer Under North Carolina law, a probate file in North Carolina does not by itself transfer title to real property located in another country. Real estate is usually governed by the law of the place where the land…
Do I need to file anything after accepting service in an estate proceeding? – NC Short Answer Usually, no. In a North Carolina estate proceeding, signing an acceptance of service generally shows that the summons and petition were received, but it does not automatically require a separate filing unless the person served wants to object,…
How do I confirm whether a will was signed properly in front of a notary and witnesses? – NC Short Answer In North Carolina, a standard written will is usually valid if the testator signed the will, or acknowledged an earlier signature, and at least two competent witnesses signed in the testator’s presence. A notary…
Can I get updated letters of administration if I am still trying to finish estate tasks? – NC Short Answer Yes. In North Carolina, if an estate is still open and the personal representative has not been discharged, the Clerk of Superior Court can usually issue updated or additional certified letters of administration. The key…
What happens if I signed papers to assume my deceased parent’s mortgage but the house was supposed to be handled through the estate? – NC Short Answer In North Carolina, signing papers to assume a deceased parent’s mortgage does not automatically give one heir sole ownership of estate real estate. When a parent dies without…
Can bank statements show whether a checking or savings account was joint or individual? – NC Short Answer Sometimes, but not always. In North Carolina, a bank statement may show whether an account was titled in one name or more than one name, but a statement alone may not prove that the account carried a…
What can I do if I opened a full probate estate but it should have qualified as a small estate and the court won’t let me change it? – NC Short Answer In North Carolina, once a full estate has been opened and the clerk will not allow the case to shift to a small-estate…
How do I open probate when my parent died without a will and some assets are still in a predeceased spouse’s name? – NC Short Answer In North Carolina, probate for a parent who died without a will usually starts by applying for Letters of Administration with the Clerk of Superior Court in the county…
Can I be appointed administrator if the original will is missing? – NC Short Answer Yes, in North Carolina, a missing original will does not automatically prevent an estate from being opened. The clerk of superior court must first decide whether the estate can proceed under a copy of the will or whether it should…
