Can I deed a mortgage-free home directly to one heir without selling it in probate? – North Carolina Short Answer Usually, yes—North Carolina law often allows a mortgage-free home to pass to heirs or devisees without the personal representative selling it, and the heirs can then sign a deed to put title into one heir’s…
How are credit card debts handled in the probate process? – North Carolina Short Answer In North Carolina probate, credit card debt is usually treated as an unsecured claim against the estate and is paid (if at all) from probate assets after higher-priority expenses are covered. The personal representative should not pay credit card bills…
What steps do I take to submit my own receipts and formal objections to the court? – North Carolina Short Answer In North Carolina estate administration, receipts and objections are usually submitted to the Clerk of Superior Court (Estates) in the county where the estate is open. The practical steps are: (1) file a written…
How can I sell inherited property without full probate administration? – North Carolina Short Answer In North Carolina, selling inherited real estate without a full probate administration is sometimes possible, but it depends on how title passed and how long it has been since the death. If more than two years have passed and no…
Can I sell estate real property that’s subject to a bankruptcy trustee as administrator? – North Carolina Short Answer Usually not without court authority and coordination with the bankruptcy case. In North Carolina, a personal representative (administrator) can sell a decedent’s real property only if the estate has the legal power to sell (for example,…
What deadlines apply if I want to challenge, amend, or withdraw a year’s allowance filing? – North Carolina Short Answer In North Carolina, the key deadline to challenge a clerk’s order awarding a year’s allowance is generally one year from the date the order was entered. If the issue is increasing the allowance (seeking an…
How can I apply to be appointed as estate administrator when the surviving spouse disputes my role? – North Carolina Short Answer In North Carolina, an appointment fight is handled through the Clerk of Superior Court in the county where the decedent lived. If there is no will (or no will can be produced), the…
Do I need to file an estate tax return, and how do I confirm this with a CPA? – North Carolina Short Answer In North Carolina, most estates do not file a North Carolina “estate tax” return because the State’s separate estate/inheritance tax no longer applies for deaths on or after January 1, 2013. Even…
What legal remedies exist if an estate debt was improperly shifted to a non-heir? – North Carolina Short Answer In North Carolina, an executor generally cannot “shift” an estate debt to a non-heir unless the creditor agrees and the proper assumption paperwork is signed and filed in the estate. If a non-heir ended up paying…
How do I find all bank accounts or financial accounts a deceased person owned if I don’t have access to their email or phone statements? – North Carolina Short Answer In North Carolina, the personal representative (administrator) usually finds accounts by combining (1) a paper-record search, (2) written “asset verification” requests to likely banks and…
