If the estate is insolvent, what happens to medical bills and other creditor claims—do they get denied and how is that handled? – North Carolina Short Answer In North Carolina, an insolvent estate usually does not “deny” medical bills and other creditor claims just because there is not enough money. Instead, the personal representative pays…
What are the first steps to start probate when I’m not sure whether my relative left a will? – North Carolina Short Answer In North Carolina, the first steps are to (1) search for the original will and check whether one was deposited with the Clerk of Superior Court, and (2) open an estate file…
What happens if my deceased spouse’s child tries to open the estate and leaves me off the paperwork? – North Carolina Short Answer In North Carolina, a surviving spouse is an “interested person” in the estate, and being left off the initial paperwork does not erase spouse or heir rights. The usual fix is to…
How do I get a missing affidavit of publication from the newspaper and file it with the court? – North Carolina Short Answer In North Carolina probate, the clerk often needs proof that the Notice to Creditors ran in a qualifying newspaper for the required weeks. The usual proof is an “Affidavit of Publication” (sometimes…
If one beneficiary has died, how do we handle that beneficiary’s share and pay it to that person’s estate? – North Carolina Short Answer In North Carolina, the first step is to confirm whether the beneficiary died before the person who made the will (which can trigger North Carolina’s anti-lapse rules) or died after the…
What happens if I pay for probate to get the property in my name but the land doesn’t end up selling? – North Carolina Short Answer In North Carolina, paying to open an estate (or a related court process) to get inherited land into an heir’s name does not guarantee the land will sell. If…
What estate bank account statements do I need to provide for the estate accounting, and how far back should they go? – North Carolina Short Answer In a North Carolina probate estate, the personal representative should be ready to provide complete statements for every estate bank account used to receive estate money and pay estate…
Can my landlord or another unrelated person serve as the witness for my estate paperwork? – North Carolina Short Answer Often, yes. In North Carolina, many estate-related documents that require a “disinterested” or “unrelated” witness can be witnessed by a landlord or another neutral third party, as long as that person is not a beneficiary,…
Can an estate representative sign a power of attorney so a tax preparer can speak directly with the IRS about a deceased person’s taxes? – North Carolina Short Answer Yes—once a North Carolina estate has a properly appointed personal representative (executor/administrator), that representative can usually authorize a tax preparer to communicate with the IRS about…
What should I do if someone tries to use the estate’s EIN to open accounts or file tax paperwork? – North Carolina Short Answer In North Carolina, a personal representative should treat misuse of an estate’s EIN like financial fraud: act quickly to stop new activity, document what happened, and notify the institutions and tax…
