Do small bank account balances qualify for a simplified probate process in my area? – North Carolina Short Answer Often, yes. In North Carolina, small bank accounts may be collected using a simplified probate option called collection of personal property by affidavit (sometimes called a “small estate affidavit”) if the estate’s total qualifying personal property…
What documents can we use to prove ownership or inheritance rights if the will can’t be located or accessed? – North Carolina Short Answer In North Carolina, the strongest “proof” of inheritance rights usually comes from probate records: a certified copy of a probated will (and its certificate of probate) or, if no will can…
How can I find out what the will says if the executor refuses to share it? – North Carolina Short Answer In North Carolina, the fastest way to learn what a will says is usually to get it into the Clerk of Superior Court’s estate file, because a will becomes available through the court file…
What documents show that I’m the legally appointed personal representative or executor? – North Carolina Short Answer In North Carolina, the document most third parties accept as proof of authority is the court-issued Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These “letters” are issued by the…
Can we legally split off and sell only certain parcels, if the deed describes multiple tracts? – North Carolina Short Answer Often, yes—if the deed truly describes separate tracts (or lots) and the current owners have authority to convey them, North Carolina law generally allows selling the property as a whole or in parts. The…
How does a court decide to sell a deceased person’s house to pay estate debts, and can heirs object? – North Carolina Short Answer In North Carolina, a personal representative (executor or administrator) can ask the Clerk of Superior Court for permission to sell a decedent’s real property when selling it is in the best…
How can I sell a deceased parent’s cars for fair market value and use the proceeds to pay estate debts without breaching my fiduciary duties? – North Carolina Short Answer In North Carolina, the personal representative (executor/administrator) generally has authority to sell a decedent’s personal property, including vehicles, to raise cash to pay valid estate…
How do I challenge the property value used in an estate settlement—do we need an appraisal or broker price opinion? – North Carolina Short Answer In North Carolina, a settlement tied to a deceased person’s real estate interest is usually negotiated around fair market value (what a willing buyer would pay a willing seller), not…
How do I protect my share and stay informed about the estate when communication with my family has broken down? – North Carolina Short Answer In North Carolina, an heir or beneficiary can usually protect their share by getting information directly from the estate file at the Clerk of Superior Court and, when needed, asking…
How can we open a bank safe deposit box that likely holds the will if we don’t have the key, and who must be present? – North Carolina Short Answer In North Carolina, a decedent’s safe deposit box is typically sealed by the bank after death, and it usually cannot be opened unless either (1)…
