Category Archives: Probate Q&A Series

Do beneficiary accounts like a 401(k) and life insurance avoid probate entirely, or can estate debts still reach them? – NC

Do beneficiary accounts like a 401(k) and life insurance avoid probate entirely, or can estate debts still reach them? – North Carolina Short Answer In North Carolina, most beneficiary-designated assets—such as 401(k)s, IRAs, payable-on-death accounts, and life insurance—pass directly to the named beneficiaries and do not go through probate. Ordinary estate creditors generally cannot force…

Do home-sale proceeds have to be held for the standard creditor claim period before anyone can use them? – NC

Do home-sale proceeds have to be held for the standard creditor claim period before anyone can use them? – North Carolina Short Answer Under North Carolina law, there is no automatic rule that home-sale proceeds must sit untouched for the entire creditor claim period, but a personal representative must keep enough of those proceeds available…

When we sell our parent’s house, does the due diligence or earnest deposit have to go into the trust or estate, or can we use it to secure a new place to live? – NC

When we sell our parent’s house, does the due diligence or earnest deposit have to go into the trust or estate, or can we use it to secure a new place to live? – North Carolina Short Answer Under North Carolina law, any earnest money or due diligence fee paid for the sale of a…

What happens to my spouse’s unsecured loan and credit card if the estate has little or no assets—am I personally responsible? – NC

What happens to my spouse’s unsecured loan and credit card if the estate has little or no assets—am I personally responsible? – North Carolina Short Answer Under North Carolina law, a surviving spouse is not automatically liable for a deceased spouse’s individual unsecured debts, like a credit card or personal loan, if the spouse did…

Do I need probate paperwork to sell a house that was jointly owned with my spouse who died without a will? – NC

Do I need probate paperwork to sell a house that was jointly owned with my spouse who died without a will? – North Carolina Short Answer In North Carolina, a surviving spouse usually does not need probate paperwork just to sell a home that was owned with the deceased spouse as tenants by the entirety…

What documents should I gather before we open probate with your firm? – NC

What documents should I gather before we open probate with your firm? – North Carolina Short Answer For a North Carolina probate case, it helps to gather the original will (if there is one), at least one certified death certificate, a list of the decedent’s assets and debts, and basic information about family members and…

How do I start probate when my spouse died without a will, and what documents should I gather first? – NC

How do I start probate when my spouse died without a will, and what documents should I gather first? – North Carolina Short Answer In North Carolina, when a spouse dies without a will (dies “intestate”), a family member usually starts probate by filing paperwork with the Clerk of Superior Court in the county where…

How can I start the probate process if I haven’t signed the engagement agreement yet? – NC

How can I start the probate process if I haven’t signed the engagement agreement yet? – North Carolina Short Answer In North Carolina, the probate process starts at the clerk of superior court’s estate division, not with an attorney’s engagement agreement. An interested person may open an estate directly with the clerk by providing basic…

Can I use a spousal year’s allowance or similar option to claim the vehicle, and what documents do I need to file? – NC

Can I use a spousal year’s allowance or similar option to claim the vehicle, and what documents do I need to file? – North Carolina Short Answer Under North Carolina law, a surviving spouse can often use the spousal year’s allowance or a related no‑probate DMV process to have a vehicle retitled without opening a…

How can I transfer a car titled only in my late spouse’s name to me without opening a full probate? – NC

How can I transfer a car titled only in my late spouse’s name to me without opening a full probate? – North Carolina Short Answer In North Carolina, a surviving spouse can usually retitle a vehicle that was only in the deceased spouse’s name without opening a full probate by using a special DMV affidavit…