How can we claim funds from a bank account that was only in the decedent’s name using a year’s allowance? – North Carolina Short Answer In North Carolina, a surviving spouse (and qualifying minor children) can claim funds held in a bank account titled only in the decedent’s name by filing a petition for a…
What happens after the personal representative submits the final accounting to the court? – North Carolina Short Answer In North Carolina, after the personal representative files the final accounting with the clerk of superior court, the clerk reviews it, may request more information, and then either approves or rejects it. If approved, the clerk records…
How should I respond if a buyer or dealership asks for a power of attorney after the owner has died? – North Carolina Short Answer In North Carolina, a buyer or dealership should not receive, and cannot use, a power of attorney from someone who has already died. Any power of attorney signed by the…
Can the estate pay for repairs like new batteries or towing before selling the vehicles? – North Carolina Short Answer Under North Carolina law, a duly appointed personal representative may generally use estate funds to pay reasonable costs needed to preserve and sell estate vehicles, such as towing, basic repairs, or new batteries. Those costs…
Do I need to file a final personal tax return for a deceased parent if they haven’t filed in recent years, and who signs it? – North Carolina Short Answer Under North Carolina law, the personal representative (executor or administrator) is generally responsible for filing a deceased person’s final individual income tax return if that…
How do I get back an original will I left with the clerk without a receipt, and is a death certificate enough? – North Carolina Short Answer In North Carolina, an original will that a living person deposited with the clerk of superior court can be withdrawn only by the testator (the person who made…
What steps remain after the annual account is approved to file the final account and release final distributions? – North Carolina Short Answer Under North Carolina probate law, once the clerk approves the last annual account, the personal representative prepares and files a verified Final Account showing that all debts, expenses, and taxes have been…
What proof will a clerk accept to establish my marriage for a spousal year’s allowance when the death certificate is inaccurate? – North Carolina Short Answer In North Carolina, the clerk of superior court must be satisfied that a valid marriage existed before assigning a spousal year’s allowance. If the death certificate wrongly lists “divorced,”…
How are due diligence funds typically divided among heirs when an estate property is under contract? – North Carolina Short Answer In North Carolina, due diligence money paid by a buyer for an estate-owned property is usually treated like an advance portion of the sale proceeds and belongs to the owners of the real estate…
How long does court approval of a probate final accounting usually take when there’s a backlog? – North Carolina Short Answer Under North Carolina law, there is no fixed number of days for the clerk of superior court to approve a probate final account, even when there is a backlog. Once a complete, well-documented final…
