Do I need to open a full estate to access my late spouse’s bank and retirement accounts when no beneficiary is named? – North Carolina Short Answer In North Carolina, bank and retirement accounts with no named beneficiary are usually probate assets. To access them, you generally must open an estate and obtain Letters of…
What happens to my spouse’s share of the proceeds if they died before distribution? – North Carolina Short Answer In North Carolina, if your spouse survived the original decedent by at least 120 hours, your spouse’s share of the sale proceeds vested and becomes part of your spouse’s estate. The Clerk will pay that share…
What are the risks of selecting the wrong box on the probate application form? – North Carolina Short Answer In North Carolina, the bigger risk isn’t the checkbox itself—it’s what your sworn application causes the Clerk to do. Checking the wrong option can trigger the wrong process (for example, opening ancillary letters when you only…
How can I ensure there is enough money from the estate to pay for my spouse’s care during probate? – North Carolina Short Answer In North Carolina, the fastest way to free up money for a surviving spouse’s care is to claim the spousal year’s allowance (currently $60,000) from the decedent’s personal property, which is…
How can I get the court to approve my expenses so we can distribute the surplus proceeds? – North Carolina Short Answer In North Carolina, you ask the Clerk of Superior Court to approve estate administration expenses (like personal representative commissions and attorney’s fees) by filing a verified petition in the estate file, showing the…
How do I start probate when my parent died without a will and I’m a co-personal representative? – North Carolina Short Answer In North Carolina, you and your sibling apply to the Clerk of Superior Court in your parent’s county of domicile for Letters of Administration using the state form. After you qualify (and post…
What assets must go through probate if there are joint bank accounts and a family LLC? – North Carolina Short Answer In North Carolina, assets titled solely in the decedent’s name generally go through probate. Joint bank accounts with a right of survivorship or payable-on-death (POD) designations usually pass outside probate, though they can be…
How can I find out if my parent had life insurance or retirement accounts after death? – North Carolina Short Answer In North Carolina, start by separating nonprobate assets (like life insurance and retirement accounts with named beneficiaries) from probate assets. As co-personal representatives, you can request information from insurers, employers, and financial institutions using…
What affidavit or form can beneficiaries use to assign their interest in an inherited car for DMV purposes? – North Carolina Short Answer In North Carolina, beneficiaries can use one of two paths to assign an inherited vehicle interest: (1) an Affidavit of Authority to Assign Title (DMV Form MVR-317) under G.S. 20-77(b), signed by…
How do I challenge or resolve debts that are triggering the auction of the property? – North Carolina Short Answer In North Carolina, the first step is to open an estate and have a personal representative appointed so someone has legal authority to act. That representative can publish notice to creditors, evaluate and dispute claims,…
