If a family member dies with a bank account that has no beneficiary, who is allowed to claim the money? – North Carolina Short Answer In North Carolina, a bank account owned solely by the person who died and with no beneficiary designation is usually an estate asset. That means the person legally allowed to…
If I transfer joint-account funds to a savings account, could that create problems with the estate or other heirs? – North Carolina Short Answer In North Carolina, moving money out of a joint account after a parent’s death can create estate or heir problems if the account was not properly set up with a right…
What happens if we start with a short-form filing but later discover assets that require a full probate process? – North Carolina Short Answer In North Carolina, starting with a short-form estate option (most often a collection-by-affidavit “small estate”) does not lock an estate into that path forever. If later-discovered assets push the estate outside…
How do I know whether I even need to open an estate case after a death? – North Carolina Short Answer In North Carolina, an estate case is usually needed when the person who died owned assets in their sole name that cannot be transferred by a beneficiary form, joint ownership, or another non-court process.…
Can the estate pay urgent property expenses like utilities to prevent damage to the home while probate is pending? – North Carolina Short Answer In North Carolina, once a personal representative (executor or administrator) is appointed by the Clerk of Superior Court, the estate can usually pay reasonable, necessary expenses to protect and preserve estate…
What am I supposed to do about a tax form for canceled credit card debt that was issued in the name of someone who is deceased? – North Carolina Short Answer In North Carolina, a tax form for canceled credit card debt (often a Form 1099-C) issued in a deceased person’s name is usually a…
How does it work when someone dies outside the United States—can I still handle the estate issues here? – North Carolina Short Answer Yes. A death outside the United States does not prevent handling North Carolina estate issues, but the right process depends on what property is located in North Carolina (such as a North…
What proof do I need to show that the joint account funds belong to me and not the estate? – North Carolina Short Answer In North Carolina, the most important proof is the bank’s account contract (often the signature card or deposit agreement) showing the account was set up as a joint account with right…
As co-executors, what paperwork do we need to file and sign together to open the estate? – North Carolina Short Answer In North Carolina, an estate is usually “opened” when the Clerk of Superior Court (estate division) accepts the probate filing and the personal representative(s) qualify, which results in the Clerk issuing Letters Testamentary (or…
What can I do if I believe estate firearms are missing or were never disclosed on the estate inventory? – North Carolina Short Answer In North Carolina, concerns about missing or undisclosed estate firearms usually get handled through the Clerk of Superior Court who supervises the estate. Practical first steps include getting a copy of…
