Category Archives: Probate Q&A Series

How do I ensure clear title and satisfy a title insurance company when transferring inherited land by quitclaim deed?: How do I ensure clear title and satisfy a title insurance company when transferring inherited land by quitclaim deed?

How do I ensure clear title and satisfy a title insurance company when transferring inherited land by quitclaim deed? – North Carolina Short Answer In North Carolina, title to a decedent’s non‑survivorship real property vests in the heirs at death, but it remains subject to estate debts and claims. To satisfy a title insurer, you…

Can I continue my father’s pending Camp Lejeune water contamination claim as administrator?: North Carolina

Can I continue my father’s pending Camp Lejeune water contamination claim as administrator? – North Carolina Short Answer Yes—under North Carolina law, only a court‑appointed personal representative (an administrator for an intestate estate) has authority to continue, settle, and distribute a deceased person’s claim, including a Camp Lejeune water contamination claim. If your father died…

What happens if my sibling is also seeking to administer our father’s estate?: North Carolina

What happens if my sibling is also seeking to administer our father’s estate? – North Carolina Short Answer In North Carolina, when two children with equal priority both apply to administer an intestate estate, the Clerk of Superior Court chooses the applicant who will manage the estate most advantageously, or may appoint co-administrators. The Clerk…

What other assets should I include when I open probate for my father’s estate?: North Carolina Probate

What other assets should I include when I open probate for my father’s estate? – North Carolina Short Answer In North Carolina, list all probate assets your father owned in his name alone and any legal claims the estate owns. Also disclose property that passes outside probate but could be pulled in to pay claims…

What steps do I need to take to be appointed administrator of my father’s estate?: North Carolina

What steps do I need to take to be appointed administrator of my father’s estate? – North Carolina Short Answer In North Carolina, you apply with the Clerk of Superior Court in the county where your father was domiciled, show you are eligible and have priority, post any required bond, take an oath, and receive…

How do I open a probate case when my parent dies without a will in North Carolina?

How do I open a probate case when my parent dies without a will in North Carolina? – North Carolina Short Answer In North Carolina, you open an intestate estate by applying to the Clerk of Superior Court in the county where your parent was domiciled. As a child, you have priority to serve as…

Am I personally responsible for my deceased father’s debts if I open the estate: North Carolina

Am I personally responsible for my decease Father’s debts if I open the estate – North Carolina Short Answer In North Carolina, opening an estate does not make you personally liable for your parent’s debts. The personal representative pays valid claims from estate assets in a set order. You can become personally liable only if…

What steps do I need to open probate to address remaining debts after death?: North Carolina Probate

What steps do I need to open probate to address remaining debts after death? – North Carolina Short Answer In North Carolina, you open an estate by applying for Letters with the Clerk of Superior Court in the county where the decedent lived, then publishing and mailing a creditor notice. Creditors generally have at least…

Can I refinance these unpaid debts with a home equity line to protect my surviving parent?: North Carolina

Can I refinance these unpaid debts with a home equity line to protect my surviving parent? – North Carolina Short Answer In North Carolina, a child is not personally responsible for a deceased parent’s debts, and most unsecured claims against an estate become barred if no notice to creditors was published within three years of…

How can I choose the correct option on a probate without qualification form for ancillary administration?: North Carolina

How can I choose the correct option on a probate without qualification form for ancillary administration? – North Carolina Short Answer In North Carolina, if a will was already probated in another state and you only need it recognized here (no local personal representative), use an Application for Probate Without Qualification and select the option…