Category Archives: Probate Q&A Series

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? nc

What counts as reimbursable “carrying costs” for an estate property sale versus reimbursable estate administration expenses? – North Carolina Short Answer In North Carolina, “carrying costs” are usually the ongoing, property-specific bills needed to preserve an estate-owned home until it can be sold (for example, property taxes, insurance, utilities needed to prevent damage, and basic…

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? nc

What can I do if the estate administrator filed paperwork that I believe contains false information about life insurance? – North Carolina Short Answer In North Carolina, an heir who believes an estate administrator filed inaccurate information about life insurance can ask the Clerk of Superior Court (the probate court) to require a corrected filing…

What happens if multiple family members disagree about how the estate should be handled? nc

What happens if multiple family members disagree about how the estate should be handled? – North Carolina Short Answer In North Carolina, family disagreements do not control the estate process. The person with legal authority (the executor named in the will, or a court-appointed administrator if there is no will) must follow North Carolina probate…

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? nc

How can I find out what has been filed in the estate and get copies of the accounting and other paperwork before everything is finalized? – North Carolina Short Answer In North Carolina, most estate administration paperwork is filed with the Clerk of Superior Court (Estates Division) in the county where the estate is open,…

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? nc

What happens to the estate closing timeline if the notice-to-creditors publication proof wasn’t filed? – North Carolina Short Answer In North Carolina, a missing proof of publication for the notice to creditors usually delays the clerk’s ability to approve a final account and close the estate file. The creditor “clock” generally runs from the first…

What documents can I use to prove we were still legally married even though we were living separately? nc

What documents can I use to prove we were still legally married even though we were living separately? – North Carolina Short Answer In North Carolina, living separately does not end a marriage. The cleanest proof is a certified marriage certificate plus proof that no divorce judgment was entered before death. If a death certificate…

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? nc

How do I handle probate paperwork if I’m living in a different state than where the estate is being handled? – North Carolina Short Answer In North Carolina, most probate paperwork is filed with (and many documents are issued by) the Clerk of Superior Court in the county where the estate is opened. Living in…

What tax return(s) need to be filed for an estate after we receive IRS letters or notices? nc

What tax return(s) need to be filed for an estate after we receive IRS letters or notices? – North Carolina Short Answer In North Carolina, an IRS letter or notice does not automatically mean an estate tax return is due, but it often signals that a return is missing, incomplete, or needs a response. Most…

Do I have to sign any documents to sell a house that I co-own with heirs from an estate? nc

Do I have to sign any documents to sell a house that I co-own with heirs from an estate? – North Carolina Short Answer Usually, yes. In North Carolina, a buyer and closing attorney typically need signatures from everyone who currently holds title (all co-owners), and sometimes the estate’s personal representative must also sign to…

Can the estate negotiate a settlement with a creditor, and what happens if a settlement offer expires? nc

Can the estate negotiate a settlement with a creditor, and what happens if a settlement offer expires? – North Carolina Short Answer Yes. In North Carolina, a personal representative can often negotiate and document a settlement of a valid estate debt, as long as the payment comes from estate assets and the deal fits within…