How do I open probate as the named executor when there is a will, a paid‑off home in the decedent’s sole name, and most financial accounts name me as beneficiary? – North Carolina Short Answer In North Carolina, probate is usually opened with the Clerk of Superior Court in the county where the decedent lived…
How do I open an estate without a will and get appointed administrator to handle the house, bank accounts, and any insurance benefits? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is opened by filing an application with the Clerk of Superior Court in the county where the decedent lived, asking…
How do I make sure a brokerage account opened under my name is treated as an estate account instead of my personal account? – North Carolina Short Answer In North Carolina, the safest way to ensure a brokerage account is treated as an estate account is to have it titled in the estate’s name (not…
How do unpaid income or property taxes affect the estate closing and distributions to heirs? – North Carolina Short Answer In North Carolina, an estate generally should not make final distributions to heirs until required taxes are filed and paid (or otherwise secured), because the Clerk of Superior Court may not allow a final account…
Is there a way to compel a reluctant heir to sign or to proceed without their signature so the estate is not held up? – North Carolina Short Answer Yes. In North Carolina, an estate usually can move forward even if an heir refuses to sign a consent or waiver. The Clerk of Superior Court…
Can the adult children inherit the house, and what do we need to do to keep the home instead of selling it? – North Carolina Short Answer Yes—under North Carolina intestate succession, if a parent dies without a will and there is no surviving spouse, the adult children are typically the heirs who inherit the…
How can family members who live outside the U.S. handle the probate process without traveling to the U.S.? – North Carolina Short Answer Often, family members living outside the U.S. can handle a North Carolina probate matter without traveling by working through the Clerk of Superior Court using mail, courier, and properly notarized documents, and…
If a retirement account beneficiary is still listed as a family member instead of the surviving spouse, can that be changed after death and does it go through probate? – North Carolina Short Answer Usually, no. In North Carolina, a retirement account with a named beneficiary typically transfers directly to the beneficiary on file and…
How do I submit a claim to the estate for unpaid child support or other court-ordered payments, and what paperwork do I need? – North Carolina Short Answer In North Carolina, a claim for unpaid child support arrears or other court-ordered payments is usually submitted as a written creditor claim to the estate’s personal representative…
If the estate property was broken into and things went missing, what should the estate representative do and can the estate be held responsible? – North Carolina Short Answer In North Carolina, the estate’s personal representative should treat a break-in as an urgent asset-preservation problem: document the loss, report it to law enforcement, notify the…
