Category Archives: Probate Q&A Series

What information do creditors usually require to evaluate an estate settlement request based on the estate’s assets and other debts? NC

What information do creditors usually require to evaluate an estate settlement request based on the estate’s assets and other debts? – North Carolina Short Answer In North Carolina, a creditor evaluating a reduced estate settlement request usually wants enough documentation to confirm (1) the claim is being handled by a properly appointed personal representative, (2)…

What happens if a relative signed an affidavit saying there was no will, but a valid will is later found? NC

What happens if a relative signed an affidavit saying there was no will, but a valid will is later found? – North Carolina Short Answer In North Carolina, finding a valid will after someone signed an affidavit based on “no will” usually means the estate should switch from intestate handling to will-based probate. The will…

What should we do with a final government benefit payment that was deposited after the person died, and can the estate distribute it if it isn’t reclaimed?

What should we do with a final government benefit payment that was deposited after the person died, and can the estate distribute it if it isn’t reclaimed? – North Carolina Short Answer In North Carolina, a government benefit payment that arrives by direct deposit after death should be treated as a “do not spend yet”…

How can I access my deceased sibling’s bank accounts and tax documents once I have letters of administration and an estate EIN?

How can I access my deceased sibling’s bank accounts and tax documents once I have letters of administration and an estate EIN? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court issues letters of administration, the administrator has legal authority to request information and take control of estate-owned accounts. Most…

What happens if the deceased or surviving spouse didn’t file taxes for certain years? NC

What happens if the deceased or surviving spouse didn’t file taxes for certain years? – North Carolina Short Answer In North Carolina, unfiled tax returns do not disappear when someone dies. If the deceased person was required to file, the estate’s personal representative generally must file the missing final return(s) and address any tax due…

What happens if the court appoints a commissioner to sell the house, and how much control do the heirs lose over the sale? NC

What happens if the court appoints a commissioner to sell the house, and how much control do the heirs lose over the sale? – North Carolina Short Answer In North Carolina, if the Clerk of Superior Court appoints a commissioner to sell a house, the commissioner—not the heirs—runs the sale process under the court’s order…

What are the risks of paying a creditor before other estate expenses and claims are resolved? NC

What are the risks of paying a creditor before other estate expenses and claims are resolved? – North Carolina Short Answer In North Carolina, paying a creditor too early can create personal liability for the personal representative if the estate later turns out to have higher-priority expenses or claims, or not enough money to pay…

If a deceased person’s account has no beneficiary listed, does it have to go through probate? NC

If a deceased person’s account has no beneficiary listed, does it have to go through probate? – North Carolina Short Answer In North Carolina, if an account is titled in the deceased person’s name alone and has no valid beneficiary (and no surviving joint owner with survivorship rights), it is usually a probate asset and…