If I’m named as executor in the will, do I still need a court appointment to access a bank account or transfer a vehicle? – North Carolina Short Answer Usually, yes. In North Carolina, being named as executor in a will does not automatically give authority to access a decedent’s bank account or transfer a…
Can I recover compensation for work my spouse did on family property that was never paid for, even though it happened a long time ago? – North Carolina Short Answer Sometimes, but two separate time limits usually control the outcome in North Carolina: (1) whether the underlying debt is already too old under the normal…
What can I do if the person handling the estate won’t communicate or share information with me? – North Carolina Short Answer In North Carolina, the person handling the estate (the executor or administrator, often called the “personal representative”) must file estate paperwork with the Clerk of Superior Court, including an inventory and accountings. If…
How do my sibling and I get appointed to handle the estate if we were previously guardians but there was no power of attorney? – North Carolina Short Answer In North Carolina, being a former court-appointed guardian does not automatically make someone the person in charge of a parent’s estate after death. To get authority,…
How do I start the probate process when my parent died without a will and the only major asset is money from a home sale? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the probate process usually starts by applying to the Clerk of Superior Court in the…
What happens to investment and checking accounts that were set up under a guardianship once the person passes away? – North Carolina Short Answer In North Carolina, a guardianship ends when the ward dies, but the guardian of the estate still must file a final accounting and get formally discharged by the Clerk of Superior…
How do I properly open an estate when my family member died without a will and I’m the only heir? – North Carolina Short Answer In North Carolina, an intestate (no-will) estate is “properly opened” when the Clerk of Superior Court in the county where the person lived issues Letters of Administration appointing an administrator.…
Can I avoid probate if the main asset is real estate that can be transferred by deed? – North Carolina Short Answer Sometimes, but not just because the main asset is real estate. In North Carolina, real estate often passes to heirs or will beneficiaries at death, but a will usually still needs to be…
What is the process for approving and distributing a wrongful-death settlement through an estate? – North Carolina Short Answer In North Carolina, a wrongful-death settlement is handled by the estate’s personal representative (executor/administrator), but the money is generally not a regular “estate asset.” The personal representative typically must obtain court approval of the settlement unless…
What happens if unknown debts show up after I’m appointed administrator—do I have to pay them personally or does the estate pay them? – North Carolina Short Answer In North Carolina, valid debts of the person who died are generally paid from estate assets—not from the administrator’s personal money. An administrator can become personally responsible…
