Do I have to notify creditors and send a death certificate, and can creditors collect debts from me personally or only from the estate? – North Carolina Short Answer In North Carolina, the duty to notify creditors generally falls on the court-appointed personal representative (executor/administrator), not on family members who are not serving in that…
How are home-sale proceeds handled when the property was sold during a guardianship and there is money left over afterward? – North Carolina Short Answer In North Carolina, when a home is sold during a guardianship, the leftover sale proceeds generally stay under court supervision and keep the same “character” as the property that was…
Will managing the estate from abroad affect my personal taxes or the estate’s taxes, and how should I document everything for the court? – North Carolina Short Answer Managing a North Carolina estate from abroad usually does not change the estate’s basic tax filing duties, and it does not automatically make the executor personally responsible…
What can I do if the executor won’t communicate and I think estate money was moved to accounts that aren’t listed? – North Carolina Short Answer In North Carolina, an executor (personal representative) has a fiduciary duty to gather estate assets, pay valid debts (including taxes), and account to the court. If the executor stops…
Can I ask a court to put the title in my name because I made the mortgage payments and have proof? – North Carolina Short Answer Usually not by probate alone. In North Carolina, when someone dies without a will, the home generally passes by law to the legal heirs—not to the person who paid…
Can we still use an unprobated will to prove an heir’s interest in real property? – North Carolina Short Answer Usually, no—not by itself. In North Carolina, a will generally must be admitted to probate to be effective to pass title to real property, and an unprobated will often will not satisfy a title company,…
If probate hasn’t been started yet, what do I need to file to get appointed as the personal representative? – North Carolina Short Answer In North Carolina, a person is not formally appointed as the personal representative (executor/administrator) until the Clerk of Superior Court approves an application, the person takes the required oath, and any…
What happens if I refuse to sign an estate document that is missing names or key details? – North Carolina Short Answer In North Carolina, refusing to sign an estate document that is missing names or key details usually means the document cannot be filed, recorded, or relied on by the Clerk of Superior Court,…
What happens if family members disagree about what to do with a loved one’s ashes when the person’s wishes were communicated informally? – North Carolina Short Answer In North Carolina, informal wishes (like verbal statements or texts that do not meet the legal requirements) may not control who decides what happens to cremated remains. When…
How do I start probate if the original will is stored at a courthouse in a different county than where my relative died? – North Carolina Short Answer In North Carolina, probate is usually opened with the Clerk of Superior Court in the county where the person who died was domiciled. If the original will…
