What is the process for probating a single investment account that has no beneficiary when other accounts pass outside probate? – North Carolina Short Answer In North Carolina, an investment account with no beneficiary designation usually becomes a probate asset, meaning the executor must use the estate administration process through the Clerk of Superior Court…
Can the estate use foreclosure surplus funds to pay debts before distributing the remainder, and what approvals are required? – North Carolina Short Answer In North Carolina, once foreclosure surplus funds are properly determined to belong to the decedent’s estate and are in the estate account, the personal representative generally may use those funds to…
How do I get appointed as the estate administrator so I can handle the larger life insurance policy and other assets? – North Carolina Short Answer In North Carolina, an “estate administrator” is appointed by the Clerk of Superior Court (the probate court) and receives “Letters of Administration” that prove legal authority to act for…
What happens if the estate is insolvent—do we pay creditors pro rata and in what order of priority? – North Carolina Short Answer In North Carolina, if an estate does not have enough probate assets to pay all valid claims, the personal representative generally pays claims in a statutory order of priority. Creditors within the…
What steps do I take to open probate, stop relatives from changing locks or removing property, and get access to the death certificate? – North Carolina Short Answer In North Carolina, probate usually starts by filing an application with the Clerk of Superior Court in the county where the person lived, asking to be appointed…
How do I confirm who is handling the estate and get copies of all filings and updates? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court (Estates Division) in the county where the estate is opened keeps the official estate file. The fastest way to confirm who is handling the estate…
How can I prevent a stepparent from taking funds that should pass through my parent’s estate and ensure a full accounting to the children? – North Carolina Short Answer In North Carolina, money owed to a person who has died generally becomes an asset of that person’s estate, and the person holding the money should…
Does life insurance with a named beneficiary avoid probate, and can it still be used to pay estate debts? – North Carolina Short Answer In North Carolina, life insurance with a properly named beneficiary usually pays directly to that beneficiary and does not become a probate asset. That means the personal representative typically does not…
If the court denied changing the personal representative before, how do I renew that request and address any bond increase? – North Carolina Short Answer In North Carolina, a renewed request to change (remove) a personal representative is usually filed back in the same estate file with the Clerk of Superior Court, and it must…
Do payable‑on‑death bank accounts, an IRA, and life insurance truly bypass probate, and should I wait to claim them until I handle any estate debts? – North Carolina Short Answer In North Carolina, payable-on-death (POD) bank accounts, beneficiary-designated IRAs, and life insurance generally transfer directly to the named beneficiary and are not controlled by the…
