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…
Do we need to open probate to transfer or sell a home that is in both spouses’ names and still has a mortgage? – North Carolina Short Answer Often, no. In North Carolina, if a married couple owned the home as tenants by the entirety (the most common way spouses hold title), the surviving spouse…
How can I tell if a document my sibling sent about our parent’s estate is valid and safe to sign? – North Carolina Short Answer In North Carolina, the safest way to judge whether an estate document is valid and safe to sign is to identify what the document does (for example, a receipt and…
Can a sibling give someone power of attorney to control a deceased parent’s property, or is power of attorney no longer valid after death? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working when the person who signed it (the “principal”) dies. After death, a sibling cannot use a…
If some homes are jointly titled with the surviving spouse, can the spouse sell without probate, and what paperwork will a title company need? – North Carolina Short Answer In North Carolina, a surviving spouse can usually sell a home without opening probate if the deed shows the home was owned with a survivorship feature…
What does a year’s allowance mean for my rights to use or sell estate property like a vehicle? – North Carolina Short Answer In North Carolina, a year’s allowance is a court-approved assignment of certain estate personal property (or a dollar amount) to a surviving spouse and/or eligible children for support. If a vehicle is…
What steps do I take to confirm whether estate debts were paid or charged off so the court will approve a final accounting? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally approves a final accounting when the personal representative can show that valid estate debts were paid in the…
What steps and documents do I need to retitle the house and the vehicles to myself under the will? – North Carolina Short Answer In North Carolina, retitling a house and vehicles under a will usually starts with probating the will with the Clerk of Superior Court and getting authority to act as executor. For…
