What should I do if it has been a long time and the estate still hasn’t been settled? – North Carolina Short Answer In North Carolina, a long delay usually means either (1) the personal representative has not filed required paperwork (like an inventory or accounting), or (2) the estate has a real issue holding…
How do I find out whether the court actually accepted or denied the person who applied to be the personal representative? – North Carolina Short Answer In North Carolina, the clearest way to confirm whether someone was accepted as personal representative is to check the estate file at the Clerk of Superior Court in the…
What happens to the mortgaged house if we don’t open probate, and can a child become the “successor in interest” to deal with the lender? – North Carolina Short Answer In North Carolina, a mortgage does not disappear when the homeowner dies. If the payments stop, the lender can still enforce the deed of trust…
What happens to an estate if the will leaves everything to a spouse, but the spouse dies before probate is started? – North Carolina Short Answer In North Carolina, probate starting later does not “save” a gift to a spouse who died before the person who made the will. If the spouse did not survive…
What happens to the sale proceeds from estate property if the creditor claim deadline hasn’t passed yet? – North Carolina Short Answer In North Carolina probate, sale proceeds from estate property generally stay under the personal representative’s control and should be held (or reserved) until the creditor claim period runs and the personal representative can…
Do I have to open probate to sell my parent’s home, or is there another way to transfer title? – North Carolina Short Answer In North Carolina, opening a full probate estate is not always required just to transfer or sell a parent’s home after an intestate death. Title to real estate generally passes to…
Can a creditor contact me directly if I have a lawyer handling the estate matter? – North Carolina Short Answer Yes, a creditor can still try to contact an heir or family member directly, even if a lawyer is involved in the estate matter. But in North Carolina, the proper way for a creditor to…
Does living in a relative’s house for a long time give me any rights to stay there if the owner dies? – North Carolina Short Answer Usually, no. In North Carolina, living in a relative’s home for a long time does not automatically create a right to stay after the owner dies unless there is…
What’s the right way to get a new deed prepared and recorded after an inheritance settlement? – North Carolina Short Answer In North Carolina, a family settlement agreement can resolve who should receive inherited real estate, but it usually does not, by itself, update the land records. The “right way” is to (1) make sure…
What can be done to move a probate case forward if it feels like it has stalled at the clerk’s office? – North Carolina Short Answer In North Carolina, most “stalled probate” problems get moving when an interested person (or the estate’s lawyer) asks the Clerk of Superior Court for a specific order tied to…
