Do I need to include the property where my parent had a life estate in the probate, and how is that reported or transferred now? – North Carolina Short Answer Usually, no. In North Carolina, when a parent held only a life estate, that interest typically ends at death and the property passes automatically to…
How can I reopen a previously closed estate so I can continue a contamination claim that the decedent started? – North Carolina Short Answer In North Carolina, a closed estate can often be reopened through a “subsequent administration” so a personal representative can take new action for the estate, such as continuing a claim the…
What happens if the power is shut off at the property before the estate addresses the bills and sale? – North Carolina Short Answer In North Carolina, if electric or other utilities get shut off at a deceased person’s home before the estate is organized, it can create practical problems (frozen pipes, mold, security issues,…
How do I keep estate funds separate from my personal money and maintain proper records for the estate? – North Carolina Short Answer In North Carolina, a court-appointed executor should keep estate money in a dedicated estate account titled in the estate’s name (with the executor listed as fiduciary), and use that account for all…
How can I cover the mortgage, utilities, taxes, and insurance on a house the heirs want to keep or rent during probate—can estate funds be used for those costs? – North Carolina Short Answer Often, yes—during a North Carolina probate, the executor can usually use estate funds to pay reasonable costs needed to preserve and…
How do we confirm what paperwork is needed to release escrowed sale proceeds to an estate during probate? – North Carolina Short Answer In North Carolina, escrowed sale proceeds are typically released to the estate only after the escrow holder confirms who has legal authority to receive estate assets. The most common “proof” is a…
What are the first legal steps to take right after a loved one dies? – North Carolina Short Answer In North Carolina, the first legal steps after a death usually are (1) secure property and gather key documents, (2) locate the will (if any), and (3) contact the Clerk of Superior Court (Estates Division) in…
As the parent, am I the right person to collect and distribute this account if there is no will? – North Carolina Short Answer Sometimes, but being a parent does not automatically give authority to collect and distribute an adult child’s brokerage account in North Carolina. If the account is part of the probate estate…
What is the process to obtain the right court papers so I can manage and collect retirement benefits for the estate? – North Carolina Short Answer In North Carolina, the “right court papers” for managing and collecting a decedent’s retirement benefits on behalf of an estate are usually Letters Testamentary (if there is a will)…
If I live out of state, can I still serve as executor or do I need a local administrator? – North Carolina Short Answer In North Carolina, living out of state does not automatically prevent someone from serving as executor (or administrator). In many cases, a nonresident personal representative can qualify, but the Clerk of…
