What happens if there isn’t a will, and who has authority to act? – North Carolina Short Answer In North Carolina, if someone dies without a will, the estate is “intestate,” and state law decides who inherits. No family member automatically has legal authority to access accounts, sell property, or sign for the estate until…
What does the court usually require in a personal representative’s accounting, and how should I prepare the records to meet those requirements? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually expects a personal representative’s accounting (annual or final) to read like a clean checkbook: beginning assets on hand, money…
How can I reinstate the mortgage on a home that is part of an estate and keep making monthly payments while probate is pending? – North Carolina Short Answer In North Carolina, the practical way to reinstate an estate property’s mortgage while probate is pending is to (1) open the estate and get a personal…
How can I contest a will that cuts me out if I believe my sibling used a power of attorney to influence it? – North Carolina Short Answer In North Carolina, the usual way to contest a will is to file a caveat in the decedent’s estate file with the Clerk of Superior Court. A…
How do I find and properly notify estranged siblings named in the will when I don’t have current addresses? – North Carolina Short Answer In North Carolina probate, the personal representative generally must make a good-faith, documented effort to locate and notify the people named in the will. When current addresses cannot be found after…
When will the court inventory be filed and how can I get a copy? – North Carolina Short Answer In North Carolina, the personal representative generally must file the estate inventory with the Clerk of Superior Court within three months after qualification. Once it is filed, a copy can usually be obtained from the Clerk’s…
How do we start the probate process after a family member has passed? – North Carolina Short Answer In North Carolina, probate usually starts by taking the original will (if there is one) and a certified death certificate to the Clerk of Superior Court in the county where the person lived, and filing an application…
What happens if I can’t reach my siblings or they live out of state—can the court move forward and how are they served? – North Carolina Short Answer Yes. In North Carolina, a court can usually move forward in a heirs’ property or partition-type case even if some siblings live out of state or cannot…
Can a plan legally refuse to discuss a deceased person’s account with the estate representative, and what should I do next if they do? – North Carolina Short Answer In North Carolina, a pension plan often can refuse to discuss details with someone who is not clearly authorized to act for the estate or the…
How can I see my late parent’s will if the surviving spouse refuses to show it and I don’t know whether probate has been opened? – North Carolina Short Answer In North Carolina, the will becomes a court record once it is filed and admitted to probate by the Clerk of Superior Court, and it…
