Is a bond required if estate assets are unclear, and can the court reduce or waive the bond to allow the case to proceed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually requires a bond before issuing letters to a personal representative in an intestate estate, even when the…
Do I need a separate nomination document to name the person I want to serve as executor, or can that be included with the renunciation? – North Carolina Short Answer In North Carolina, a person named as executor who plans to step aside can usually handle both steps in writing: renounce the right to qualify…
What can I do to get an annuity released if the company is requiring a doctor’s competency letter? – North Carolina Short Answer In North Carolina, an annuity company can refuse to release funds if it believes the owner cannot legally authorize the transaction and it wants medical proof of capacity. The fastest path is…
What steps do I need to take to become the executor when no one has been named? – North Carolina Short Answer In North Carolina, when no executor has been named (or no named executor qualifies), the Clerk of Superior Court appoints a personal representative and issues “letters” that give legal authority to act for…
Do joint bank accounts and refund checks have to be included in the estate inventory? – North Carolina Short Answer In North Carolina, a refund check payable to the decedent or the estate is typically a probate asset and should be listed on the estate inventory. A joint bank account may or may not be…
What steps and documents are needed to be appointed as an out-of-state co-administrator, and can any of it be done remotely? – North Carolina Short Answer In North Carolina, an out-of-state person can often serve as a co-administrator, but qualification happens through the Clerk of Superior Court (the estate division) in the county where the…
What happens if I miss the deadline to respond to the administrator’s petition? – North Carolina Short Answer In North Carolina estate proceedings, missing the response deadline does not work like a typical civil “default judgment,” but it can still be risky. If no response is filed on time, the clerk of superior court can…
How do I prove to investors that heirs have clear title to sell inherited property? – North Carolina Short Answer In North Carolina, investors usually want proof that the right people are signing the deed and that the estate process will not later undo the sale. The most common way to show “clear enough” authority…
Does a retirement account that lists me as the beneficiary avoid probate, and how do I claim it? – North Carolina Short Answer In North Carolina, a retirement account (such as an IRA or employer plan) with a valid beneficiary designation usually transfers directly to the named beneficiary and does not become a probate asset.…
Is it possible to transfer a paid-off car title without a certified death certificate? – North Carolina Short Answer Usually, no. In North Carolina, the DMV typically requires a certified death certificate (and often estate paperwork) to remove a deceased owner’s name from a vehicle title. If a non-relative cannot obtain a certified death certificate,…
