Category Archives: Probate Q&A Series

Should my parent consider selling or transferring out-of-state property now to avoid probate and dispute complications later? NC

Should my parent consider selling or transferring out-of-state property now to avoid probate and dispute complications later? – North Carolina Short Answer Often, yes—when a North Carolina resident owns real estate in another state, that land usually triggers a second, separate probate-related process in the state where the land sits (often called ancillary administration). Planning…

What steps are required to move a petition for willful abandonment to a hearing? NC

What steps are required to move a petition for willful abandonment to a hearing? – North Carolina Short Answer In North Carolina, a willful-abandonment claim is typically decided in an estate proceeding before the Clerk of Superior Court. To move it to a hearing, the petitioner generally must (1) make sure all required parties have…

Who is allowed to discuss the deceased person’s accounts with the bank and authorize payment from the estate? NC

Who is allowed to discuss the deceased person’s accounts with the bank and authorize payment from the estate? – North Carolina Short Answer In North Carolina, the person the Clerk of Superior Court has formally appointed as the estate’s personal representative (the executor under a will or the administrator if there is no will) is…

What is the best way to track down and verify all accounts held by the deceased so the estate can complete its tax filings? NC

What is the best way to track down and verify all accounts held by the deceased so the estate can complete its tax filings? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) should build a documented asset search that starts with the decedent’s records (tax returns, statements, and mail),…

What steps do I need to file a bond waiver to become personal representative? NC

What steps do I need to file a bond waiver to become personal representative? – North Carolina Short Answer In North Carolina, a personal representative usually must post a probate bond before the Clerk of Superior Court will issue Letters. A bond waiver is requested during the qualification (appointment) process by filing the court’s bond-waiver…

What is the best way to follow up on a pending probate accounting without jeopardizing the process? NC

What is the best way to follow up on a pending probate accounting without jeopardizing the process? – North Carolina Short Answer In North Carolina, the safest way to follow up on a pending probate accounting is to keep all communications brief, professional, and focused on completing the clerk’s file (for example, promptly supplying requested…

Will moving to another state affect the probate timeline for a small estate I’m administering? NC

Will moving to another state affect the probate timeline for a small estate I’m administering? – North Carolina Short Answer Usually, moving to another state does not change the legal timeline for a North Carolina small estate. The timeline is mainly driven by (1) which small-estate procedure applies, (2) whether required heirs have signed and…

How can I challenge an administrator who hired an attorney without court approval and excluded heirs from probate proceedings? NC

How can I challenge an administrator who hired an attorney without court approval and excluded heirs from probate proceedings? – North Carolina Short Answer In North Carolina, an heir can challenge an administrator’s actions by filing an estate proceeding with the Clerk of Superior Court asking the Clerk to require a full inventory and accounting,…

Do heirs need to report gain on real property sold after title passed at death? NC

Do heirs need to report gain on real property sold after title passed at death? – North Carolina Short Answer In North Carolina, real property commonly passes to the heirs or devisees at death, subject to the estate’s administration. If the heirs become the owners and then sell the property (rather than the personal representative…

Does a late inventory filing give me legal grounds to remove the administrator? NC

Does a late inventory filing give me legal grounds to remove the administrator? – North Carolina Short Answer Yes—under North Carolina law, an administrator’s failure to timely file the required estate inventory can support removal, but removal is not automatic. The Clerk of Superior Court typically first uses a “notice/order to file” and then a…