How can I find out what assets are in the estate, like deeds or other public records, if I don’t have access to the accounts? – North Carolina Short Answer In North Carolina, the most reliable way to identify estate assets without account access is to (1) check public records (especially the county Register of…
What happens if the court issues executor authority to someone under the wrong will before my newer will is heard? – North Carolina Short Answer In North Carolina, an older will can be admitted to probate first and the Clerk of Superior Court can issue letters testamentary to the named executor before anyone presents a…
How do I get officially appointed as executor so I can start handling the estate and pay ongoing bills? – North Carolina Short Answer In North Carolina, an executor gets official authority by qualifying with the Clerk of Superior Court in the proper county and receiving “Letters Testamentary.” Those letters are the court-issued document banks,…
If the inherited out-of-state property is not part of the estate, who is responsible for the property taxes going forward? – North Carolina Short Answer Under North Carolina probate practice, if real property passes outside the probate estate (for example, it transfers directly to an heir or beneficiary by operation of law), the ongoing property…
Can a parent serve as trustee or representative for a minor child’s share of an estate, and what paperwork does the court usually require? – North Carolina Short Answer Yes. In North Carolina, a parent can often be appointed by the Clerk of Superior Court to manage a minor child’s inheritance, but the parent usually…
Can I use or redirect the rental income from a deceased parent’s vehicle while the estate is still being administered? – North Carolina Short Answer Usually not for personal use. In North Carolina, rental income generated by a decedent’s property during administration is generally estate money that the administrator must collect, safeguard, and apply to…
When am I allowed to sell the deceased person’s vehicles and put the money into an estate account? – North Carolina Short Answer In North Carolina, a vehicle owned by the deceased person is usually an estate asset, and the safest time to sell it is after the Clerk of Superior Court appoints the personal…
Can the executor sell the deceased person’s house without my signature even if the will says I get part of the property or proceeds? – North Carolina Short Answer Sometimes, yes. In North Carolina, a personal representative (executor) may be able to sell estate real estate without a beneficiary’s signature if the executor has legal…
What documents do we need to prove that an inherited ownership interest in a closely held corporation passed to the estate or surviving spouse? – North Carolina Short Answer In North Carolina, proving that a closely held corporate ownership interest passed at death usually requires (1) probate authority documents (death certificate and the estate’s Letters),…
What estate or probate steps have to happen before the seller can legally transfer title to me? – North Carolina Short Answer In North Carolina, a seller connected to a deceased person’s estate can legally transfer title only after the correct person has authority to sign the deed and the estate has cleared the specific…
