How do I properly distribute assets to my sibling and me after creditors are notified and notices publish? – North Carolina Short Answer In North Carolina, an executor distributes assets only after the creditor claim period ends and all valid claims, costs, and taxes are paid or adequately reserved. Pay claims in the statutory order,…
How can I open probate and qualify as administrator for my deceased sibling’s estate? – North Carolina Short Answer In North Carolina, you open probate by filing an Application for Letters of Administration with the Clerk of Superior Court in the county where your sibling lived at death. If you have appointment priority and are…
What steps do I need to take to locate and list all half-siblings as heirs in probate proceedings? – North Carolina Short Answer In North Carolina, half-siblings are treated the same as full siblings for intestate inheritance. To list them in probate, the personal representative must make a diligent, documented search for all heirs, include…
What is the process to sell or partition inherited real property through probate in North Carolina? Short Answer In North Carolina, a personal representative can sell estate real estate through a court-supervised special proceeding when it is needed to pay valid estate debts and doing so is in the estate’s best interest. If the estate…
Can I donate or scrap non-running vehicles and household items from an estate without personal liability? – North Carolina Short Answer In North Carolina, a personal representative may sell estate personal property without a court order, and may discard, donate, or scrap items that reasonably have no net value—if done prudently, documented, and reported in…
How do I handle possible medical debts in collections before distributing estate assets? – North Carolina Short Answer In North Carolina, the personal representative must publish a notice to creditors, send personal notices to known or reasonably ascertainable creditors, wait for the claims period to expire, and then pay allowed claims in the statutory order…
Can federal death benefits be paid directly to me and my sibling instead of going into the estate? – North Carolina Short Answer Usually, yes. Most federal employee death benefits (like life insurance and retirement accounts) are paid directly to the person named on the beneficiary form and do not pass through the North Carolina…
What information do I need to provide to set up direct deposit of federal death benefits? – North Carolina Short Answer In North Carolina, who gives bank information for federal death benefits depends on who is legally entitled to the money. If the benefit names a beneficiary, the paying agency deposits directly to that person’s…
What happens if the death benefits are deposited into the estate rather than to individual heirs? – North Carolina Short Answer In North Carolina, if death benefits are paid to the estate, they become probate assets. The personal representative must first use them to pay administration costs, year’s allowances, and valid creditor claims in the…
What steps do I take to authorize my attorney to obtain bank statements and close my grandparent’s accounts? – North Carolina Short Answer In North Carolina, only a duly qualified personal representative (executor or administrator) with issued Letters has authority to collect a decedent’s bank records and close accounts. To authorize your attorney, give the…
