Do we need to open the main estate where my parent lived and then an ancillary estate in another state for real estate or oil-and-gas rights? – North Carolina Short Answer Under North Carolina law, the main (domiciliary) estate is normally opened in the state and county where the parent was living at death, and…
Do I need to open an ancillary probate where the property is, or will being appointed administrator in the home state be enough? – North Carolina Short Answer Under North Carolina law, appointment as administrator in the home (domiciliary) state does not, by itself, clear title to real estate located in another state. Each state…
How can I make sure the house isn’t sold until creditor claims are properly handled so proceeds don’t have to be clawed back later? – North Carolina Short Answer Under North Carolina probate law, the safest way to avoid clawback problems is to sell the house through the estate after an estate is opened, notice…
If the other side hasn’t retained counsel, is it okay for me to keep communicating with them directly about the estate? – North Carolina Short Answer Under North Carolina law, a personal representative may generally communicate directly with heirs, beneficiaries, and creditors if they are not actually represented by an attorney in the matter. The…
What happens to the sale proceeds if a creditor files a claim after the property is sold? – North Carolina Short Answer In North Carolina probate, if estate real estate has been sold and a creditor later files a valid, timely claim, the personal representative must use the sale proceeds (after paying any liens and…
Should vehicles or other personal items be listed in the estate if the main goal is selling the house, or can they be handled separately? – North Carolina Short Answer In North Carolina probate, all probate assets the decedent owned alone — including vehicles and other personal property — should be listed in the estate…
Do we need to open probate to sell the house, or would a partition action be faster or safer? – North Carolina Short Answer In North Carolina, opening an estate with the clerk of superior court is usually the safer way to sell a deceased owner’s house when there are known creditor claims. A partition…
Do I need to file the original will with the court, or will a certified copy work? – North Carolina Short Answer Under North Carolina law, the clerk of superior court generally expects the original signed will when an estate is opened or a will is lodged for safekeeping or filing. A certified copy will…
How can I complete ancillary probate in the state where the property is so I can transfer a deceased co-owner’s share and update the deed for a sale? – North Carolina Short Answer In North Carolina, when a nonresident dies owning North Carolina real estate as a tenant in common, an ancillary estate is usually…
How can I be reimbursed for funeral and administration costs I paid out of pocket, and what proof will the court require? – North Carolina Short Answer Under North Carolina law, a personal representative who pays reasonable funeral and estate administration costs out of pocket can usually be reimbursed from estate funds. Reimbursement is handled…
