Am I still responsible for cleaning or minor repairs after turning over the keys if the contract didn’t specifically require it? – North Carolina Short Answer Usually not. In North Carolina, once the estate (through the personal representative) has delivered possession at closing and the contract does not require post-closing cleaning or minor repairs, the…
How can I handle a financed car in probate when the lender holds the title—keep it, sell it to family, or surrender it? – North Carolina Short Answer In North Carolina probate, a financed car is usually treated as estate property that is also collateral for a secured debt. The executor typically has three practical…
Who should receive copies of the inventory and letters from the court to avoid delays with the title company? – North Carolina Short Answer In North Carolina, the Inventory is filed with the Clerk of Superior Court (Estates) and is not typically something the personal representative must “serve” on a title company. Title companies usually…
What is the correct process for closing the decedent’s personal accounts and transferring the funds into the estate account? – North Carolina Short Answer In North Carolina, once the executor is officially appointed, the usual process is to (1) open an estate bank account using the estate’s tax ID number (not the decedent’s Social Security…
Can I, as the executor, pursue and receive a wrongful death settlement now, or do I need additional court approvals first? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court has issued letters testamentary and the executor is qualified, the executor generally has authority to pursue a wrongful death claim…
Who should serve as the personal representative if there is or isn’t a will, and what steps appoint that person? – North Carolina Short Answer In North Carolina, the person who serves as the personal representative depends first on whether there is a valid will. If there is a will, the Clerk of Superior Court…
If an estate was already distributed and property was sold, can I still challenge the will or reopen the estate? – North Carolina Short Answer Sometimes. In North Carolina, a will that was admitted to probate in “common form” can usually be challenged by filing a caveat within three years after probate, even if the…
Do we need ancillary probate abroad, and which certified documents will the foreign court require to recognize the will and our executor? – North Carolina Short Answer Often, yes: when a North Carolina decedent owned real estate located in another country, the foreign jurisdiction commonly requires its own local probate or “ancillary” procedure before title…
What order do estate creditors get paid, and what happens if funds are limited? – North Carolina Short Answer In North Carolina, a personal representative must pay estate debts in a statutory priority order, not in the order creditors ask or the order claims arrive. Administration costs and certain higher-priority items get paid before general…
Do I need to open an estate first, or can we transfer the property directly to me? – North Carolina Short Answer In North Carolina, real estate owned by someone who dies without a will usually passes to the heirs at death, but that does not automatically create “clear title” in the public records. If…
