How can I sell a home with a reverse mortgage before finishing full probate? – North Carolina Short Answer In North Carolina, a home with a reverse mortgage can often be sold during the estate administration instead of waiting for the final accounting to be approved. The key is getting the right authority to convey…
How can I open probate and obtain an EIN as executor of my parent’s estate? – North Carolina Short Answer In North Carolina, probate is opened by filing the will (if there is one) and an application to qualify as executor with the Clerk of Superior Court in the county where the decedent lived. Once…
How do I obtain fair market valuations and titles for vehicles in a year’s allowance claim? – North Carolina Short Answer In North Carolina, vehicle values used in a year’s allowance request should be supported with a reasonable fair market value (FMV) source (such as a widely used pricing guide printout, a dealer written estimate,…
What happens if the courthouse refuses to appoint our chosen administrator during estate sale proceedings? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court does not have to appoint the person the family prefers as estate administrator. The Clerk must follow the statutory priority list, confirm required renunciations and notice, and…
Am I allowed to resign as estate administrator and what happens if I do? – North Carolina Short Answer Yes. In North Carolina, an estate administrator (a type of “personal representative”) can ask the Clerk of Superior Court to accept a resignation. The resignation is not automatic: the clerk must hold a hearing, and the…
How does probate work when there is no will? – North Carolina Short Answer In North Carolina, when someone dies without a will, the estate is handled through an “intestate” probate case in front of the Clerk of Superior Court in the proper county. The Clerk appoints an administrator (also called a personal representative), who…
Can I use a receipt and refund agreement to document a distribution so it can be returned if needed? – North Carolina Short Answer Yes. In North Carolina estate administration, a personal representative can document a distribution with a signed receipt, release, and refunding agreement so the beneficiary acknowledges what was received, releases the personal…
What is the process for opening a probate estate when no probate assets remain but I need a court appointment? – North Carolina Short Answer In North Carolina, a Clerk of Superior Court can still appoint a personal representative (administrator) even when most assets passed outside probate, but the court usually expects a clear reason…
What happens after I file a response to a notice about a year’s allowance, and how will I be notified of the decision? – North Carolina Short Answer In North Carolina, a year’s allowance is decided through the Clerk of Superior Court as part of the estate process. After a response is filed, the clerk…
Can creditors force sale of my mom’s inherited property to satisfy my stepfather’s debts? – North Carolina Short Answer In North Carolina, creditors generally cannot force the sale of property that belongs to the surviving spouse or another person just because the decedent had debts. Most decedent debts get paid from the probate estate under…
