Why can’t the property sale close yet if I’m already under contract? – North Carolina Short Answer In North Carolina, being “under contract” does not always mean the estate has legal authority to deliver marketable title at closing. A closing can be delayed if the personal representative (executor/administrator) has not been appointed, if required creditor-notice…
Should the executor file an insolvency petition before talking to a major creditor to avoid making promises about who gets paid first? – North Carolina Short Answer Usually, no. In North Carolina, a personal representative can (and often should) communicate early with a secured creditor, but should avoid making payment promises because the estate must…
How do I transfer or clear title to a vacant lot that was owned by my parent who passed away? – North Carolina Short Answer In North Carolina, clearing title to a vacant lot after a parent’s death usually requires (1) probating the will with the Clerk of Superior Court and (2) recording the right…
How do I handle the deceased person’s final income taxes while the estate is still waiting to be opened? – North Carolina Short Answer In North Carolina, the safest approach is to gather tax records immediately but wait to sign and file the deceased person’s final income tax returns until a court-appointed personal representative has…
Do I need an affidavit of publication for the notice to creditors before the court will accept a final accounting? – North Carolina Short Answer Often, yes. In many North Carolina estates, the Clerk of Superior Court expects the estate file to include proof that the Notice to Creditors was properly published, and the most…
Can we include money we recover later (like a missing check or unclaimed property) without reopening the estate? – North Carolina Short Answer Sometimes, but not always. In North Carolina, if no personal representative (executor/administrator) was ever appointed, there may be no one with legal authority to endorse, collect, or sue for “later-discovered” estate money…
Can someone who is not named as executor still take me to court to try to become executor? – North Carolina Short Answer Yes. In North Carolina, an “interested person” (often an heir or beneficiary) can file court papers that challenge the will or challenge whether the named executor should serve. Probate and executor appointments…
How do I prove an asset is titled in my name so it is not treated as part of the estate? – North Carolina Short Answer In North Carolina estate administration, the cleanest way to show an asset is not part of the probate estate is to produce the document that controls title for that…
How can I close an estate when there’s an ongoing dispute about gifts made shortly before the death? – North Carolina Short Answer In North Carolina, an estate usually cannot be cleanly closed until the personal representative can file a final account that accurately lists what the estate owns, what was paid, and what is…
What can I do if the executor and the executor’s attorney were paid but the other beneficiaries received nothing? – North Carolina Short Answer In North Carolina, beneficiaries can ask the Clerk of Superior Court (the probate court) to require the executor (personal representative) to file a complete accounting and explain distributions, and to enter…
