What is required to petition the court and appoint a guardian ad litem for a minor’s property sale? – North Carolina Short Answer In North Carolina, a minor’s real estate interest cannot be sold without court approval. The child’s general guardian or guardian of the estate files a special proceeding with the Clerk of Superior…
What documents and forms must be included in a petition to authorize the sale of a minor’s property? – North Carolina Short Answer In North Carolina, a guardian of the estate must file a verified petition with the Clerk of Superior Court seeking an order to sell the minor’s real property. The petition should include…
What steps can I take to prevent an administrator from selling estate property before probate is complete? – North Carolina Short Answer In North Carolina, an administrator generally cannot sell estate real estate without either a probated will that grants sale authority or a court order in a special proceeding. To prevent a premature sale,…
Can I use a filed copy of [DECEDENT]’s will to open probate if the original is unavailable? – North Carolina Short Answer Yes—North Carolina allows the Clerk of Superior Court to admit a copy of a will if you prove a “lost or destroyed will” by clear, strong, and convincing evidence. You must show the…
What happens if the original will remains missing and the copy is disputed? – North Carolina Short Answer In North Carolina, you can ask the Clerk of Superior Court to compel anyone holding the original will to produce it. If the original cannot be found, a copy may be probated as a “lost will,” but…
How can I compel the administrator to produce the original will before any property sales? – North Carolina Short Answer In North Carolina, you can file an application by affidavit with the Clerk of Superior Court to require the person holding the will to produce the original. The Clerk issues a summons ordering production by…
What documents do I need to open and maintain a separate probate bank account? – North Carolina Short Answer In North Carolina, an estate checking account requires your certified Letters of Administration, the estate’s federal EIN (not the decedent’s SSN), and your government ID; many banks also ask for a death certificate and a completed…
How do I inventory unclaimed property held by the U.S. Treasury for the estate or related corporation? – North Carolina Short Answer In North Carolina, the administrator must file an inventory within three months of qualification listing all estate assets as of the decedent’s date of death. If the U.S. Treasury holds property titled to…
Can I use my own EIN or the decedent’s SSN to satisfy the estate’s tax identification requirements? – North Carolina Short Answer No. In North Carolina, an estate is a separate taxpayer and needs its own Employer Identification Number (EIN). Do not use the decedent’s Social Security number or your personal EIN/SSN. Banks typically require…
What should I do if essential estate administration forms were misplaced in court filings? – North Carolina Short Answer In North Carolina, contact the Clerk of Superior Court (Estates Division) to locate or correct the file, obtain certified copies of your Letters, and promptly refile any missing AOC estate forms. Keep the estate on schedule:…
