Can the estate distribute retirement-plan funds before the final income tax and estate tax issues are resolved? – North Carolina Short Answer Sometimes, but it depends on who legally owns the retirement-plan funds and whether the personal representative can safely hold back enough money to cover taxes and other estate costs. In North Carolina, a…
What happens if other family members disagree with the will after its found? – North Carolina Short Answer In North Carolina, a disagreement does not stop a will from being filed with the Clerk of Superior Court for probate. If an interested family member believes the will is not valid, the usual way to challenge…
How do I start the probate process when my spouse died without a will? – North Carolina Short Answer In North Carolina, starting probate after a spouse dies without a will usually means the surviving spouse (or another qualified person) applies to the Clerk of Superior Court to be appointed as the estate’s administrator and…
How do I transfer a deceased person’s house into my name when there is no will and the heirs can’t be found? – North Carolina Short Answer In North Carolina, a house owned by someone who died without a will generally cannot be transferred into an administrator’s name just because the heirs are hard to…
How do I find out whether probate is required for an estate in my situation? – North Carolina Short Answer In North Carolina, probate (a formal estate administration) is usually required when there are assets titled only in the deceased person’s name that cannot be transferred without a court-appointed personal representative. Many common assets pass…
If my parent died with unsigned wills, what happens to the estate and who is in charge of handling everything? – North Carolina Short Answer In North Carolina, an unsigned draft will usually cannot be probated as a valid will. When there is no valid will, the estate is handled as an intestate estate, meaning…
How do I find and get a copy of the most recent will if I only have an older one? – North Carolina Short Answer In North Carolina, the most reliable way to find the most recent will is to check whether a will has already been filed (probated) with the Clerk of Superior Court…
If the deceased had no will and had children, how is any wrongful-death settlement or estate money divided between the surviving spouse and the children? – North Carolina Short Answer In North Carolina, a wrongful-death settlement is paid to the estate’s personal representative, but the remaining proceeds are distributed to the heirs under North Carolina’s…
What happens if a new creditor claim shows up after we think we’ve accounted for all the debts? – North Carolina Short Answer In North Carolina, a “new” creditor claim can still affect the estate if it is presented on time and in the proper way. If the claim is late (after the creditor-claim deadline…
How do I get a copy of the will that was submitted to probate if the family says the original was lost? – North Carolina Short Answer In North Carolina, once a will (or a copy of a will) is offered for probate, it is handled through the Clerk of Superior Court (Estates) in the…
