Category Archives: Probate Q&A Series

What documents are required to prove ownership of cryptocurrency when administering an estate?: North Carolina

What documents are required to prove ownership of cryptocurrency when administering an estate? – North Carolina Short Answer In North Carolina, you generally need court authority (Letters Testamentary or Letters of Administration, or a small-estate Affidavit of Collection), a certified death certificate, and account or wallet evidence tying the cryptocurrency to the decedent. For exchange-held…

What steps are required to run notice to creditors and avoid full probate?: North Carolina

What steps are required to run notice to creditors and avoid full probate? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to appoint a limited personal representative solely to publish and mail a Notice to Creditors without opening a full probate estate. After letters issue, publish the…

Can my spouse be appointed limited administrator to transfer property after a small-estate transfer?: North Carolina

Can my spouse be appointed limited administrator to transfer property after a small-estate transfer? – North Carolina Short Answer Yes, in North Carolina the Clerk of Superior Court can appoint a limited personal representative to publish notice to creditors when the estate is otherwise handled by small-estate affidavit. Your spouse may serve if legally qualified…

How do I properly record a deed transfer from someone who died without beneficiaries?: North Carolina

How do I properly record a deed transfer from someone who died without beneficiaries? – North Carolina Short Answer In North Carolina, title to a decedent’s real estate vests in the heirs at death. When an intestate decedent leaves no spouse, children, or parents, the siblings are the heirs who must sign the deed. If…

How do I find out if my grandparent’s will is valid and who prepared it?: North Carolina

How do I find out if my grandparent’s will is valid and who prepared it? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court decides if a will is valid when it is offered for probate. If the person holding the original will won’t file it, you (as an interested heir)…

Is it normal for an executor to request heirs’ social security numbers before distributing estate assets?: North Carolina probate

Is it normal for an executor to request heirs’ social security numbers before distributing estate assets? – North Carolina Short Answer In North Carolina, a qualified executor may request a beneficiary’s taxpayer identification number (usually a Social Security number) when it is needed for tax reporting, such as preparing IRS Schedule K‑1 for income distributions.…

How do I handle probate for a mobile home and vehicle when I live out of state?

How do I handle probate for a mobile home and vehicle when I live out of state? – North Carolina Short Answer In North Carolina, what you do depends on how the mobile home and vehicle are titled and whether they’re located in North Carolina. If there’s a surviving co-owner with a right of survivorship,…

What steps do I take to transfer life insurance or retirement benefits if I don’t know the beneficiary?: Clear steps for North Carolina estates, including cross-state issues

What steps do I take to transfer life insurance or retirement benefits if I don’t know the beneficiary? – North Carolina Short Answer In North Carolina, life insurance and most retirement benefits transfer by the beneficiary form on file with the insurer or plan—not through the will or probate. If you do not know who…

How can I open probate for my ex-spouse who died intestate in another state?

How can I open probate for my ex-spouse who died intestate in another state? – North Carolina Short Answer In North Carolina, you open an ancillary estate only if your ex-spouse (a nonresident who died without a will) left property in North Carolina. The Clerk of Superior Court in the NC county where those assets…

What is the process for notifying creditors and distributing assets in an interstate probate case?: Clear steps under North Carolina law

What is the process for notifying creditors and distributing assets in an interstate probate case? – North Carolina Short Answer In North Carolina, if someone dies domiciled in another state but leaves assets here, you typically open an ancillary estate with the Clerk of Superior Court in the county where the North Carolina assets are…