What steps do I need to take as executor to complete probate administration? – North Carolina Short Answer In North Carolina, an executor qualifies with the Clerk of Superior Court, gathers and inventories assets within three months, publishes and mails a notice to creditors, then pays valid claims in the statutory order before distributing what…
How can I recover surplus sale proceeds from a foreclosure of estate property? – North Carolina Short Answer In North Carolina, surplus funds from a completed power-of-sale foreclosure are deposited with the Clerk of Superior Court. An executor, heir/devisee, or junior lienholder can file a motion in the foreclosure case asking the clerk to disburse…
What are my options if mediation doesn’t resolve our estate dispute? – North Carolina Short Answer In North Carolina, if mediation does not settle an estate dispute, the case typically moves to a hearing before the Clerk of Superior Court, who can decide most estate issues. Some matters can be transferred or must be filed…
Do I need to file my late spouse’s personal tax returns or an estate tax return after they passed away? – North Carolina Short Answer Yes. In North Carolina, the personal representative must file the decedent’s final federal and state individual income tax returns for the year of death. You may also need to file…
How do I notify creditors and handle my spouse’s outstanding debts without risking personal liability? – North Carolina Short Answer In North Carolina, once you are appointed as the estate administrator, you must publish a notice to creditors and mail notice to known creditors, then pay valid claims in the strict order set by statute.…
What personal property allowance am I entitled to as a surviving spouse under intestate rules and how does it affect distribution? – North Carolina Short Answer In North Carolina, a surviving spouse is entitled to a $60,000 year’s allowance from the decedent’s personal property. This allowance is typically paid before most creditor claims and before…
What assets do I need to include in the estate inventory and how can I locate missing life insurance or retirement accounts? – North Carolina Short Answer In North Carolina, list all probate assets owned in the decedent’s name alone—cash, bank accounts, vehicles, brokerage holdings, and any insurance or retirement benefits payable to the estate—valued…
What steps do I need to complete probate for my mother’s estate when I live out of state? – North Carolina Short Answer In North Carolina, you can serve as a co‑executor from out of state if you appoint a North Carolina resident as your process agent and post any bond the Clerk requires. After…
Can I create a binding agreement to advance personal funds to a sibling to vacate the inherited home? – North Carolina Short Answer Yes, but do it under your North Carolina executor authority and with safeguards. As a co‑executor, you can enter a written, enforceable agreement that advances your personal funds to help a devisee…
How do I distribute a deceased heir’s share of property among grandchildren under the will? – North Carolina Short Answer In North Carolina, if a child named in the will dies before the testator and leaves children, those grandchildren usually take their parent’s share by substitution unless the will clearly says otherwise. This is called…
