Medicaid Estate Recovery in North Carolina: Step-by-Step Guide for Heirs Detailed Answer When a North Carolina resident received Medicaid benefits after age 55, the State must try to recoup those costs from the person’s probate estate after death. This process is called Medicaid Estate Recovery and is carried out by the Division of Health Benefits…
Medicaid Hardship Waiver in North Carolina – Protecting an Inherited Home from Estate Recovery Detailed Answer When a North Carolina Medicaid recipient dies, the State may seek reimbursement for the cost of that person’s care through the Estate Recovery Program (ERP) under N.C. Gen. Stat. § 108A-70.5. The claim attaches to any assets that pass…
Detailed Answer Yes. North Carolina law lets an interested party challenge the clerk of superior court’s order that removes or suspends a personal representative (executor or administrator). The process is two-tiered: Appeal from the clerk to a superior court judge. Most probate matters, including removal, are first heard by the clerk of superior court acting…
Detailed Answer North Carolina calls the people who inherit from someone who died without a will “intestate heirs.” You find those heirs by walking through the family tree with the rules in Chapter 29 of the North Carolina General Statutes. Follow the steps below, and you will know exactly who is legally entitled to your…
Detailed Answer To see what assets remain in a North Carolina estate after paying debts, taxes, and court costs, the personal representative (executor or administrator) must follow the accounting roadmap set out in Chapter 28A of the North Carolina General Statutes. Below is a step-by-step explanation in plain English. 1. Inventory every probate asset. Within…
Does the Personal Representative Have to Provide Me With a Copy of the Estate Accounting in North Carolina? 1. Detailed Answer Yes—but how and when you receive it depends on your role in the estate. North Carolina law requires the personal representative — the executor named in a will or an administrator appointed by the clerk…
What Options Exist for a Personal Representative With Limited Funds for Handling Creditor Claims in North Carolina? Detailed Answer When an estate lacks enough cash to satisfy every debt, North Carolina law gives the personal representative (PR) a roadmap for deciding which creditors get paid, how much, and when. The key rules appear in N.C.…
Managing North Carolina Estate Administration When Assets Span Several Counties or States Short Answer Open the primary estate in the North Carolina county where the decedent was domiciled. One set of Letters Testamentary (or Letters of Administration) issued by that Clerk of Superior Court gives the personal representative authority statewide. For real property in other…
Small Estate Affidavit in North Carolina: Required Documents Detailed Answer North Carolina allows heirs to collect personal property without opening formal probate when the decedent’s personal assets are modest. The shortcut is called an Affidavit for Collection of Personal Property of Decedent (often shortened to a “small-estate affidavit”). The governing statute is N.C. Gen. Stat.…
North Carolina’s Small Estate Affidavit: A Fast Track for Distributing Assets What is the “Collection by Affidavit” and Why Use It? The North Carolina small-estate procedure—formally called an Affidavit for Collection of Personal Property of Decedent—lets heirs receive assets without opening full probate. The process is governed by N.C. Gen. Stat. § 28A-25-1 through §…
