What steps must a personal representative take to sell decedent’s vehicles and account for the proceeds in North Carolina probate?

Probate Q&A Series

What steps must a personal representative take to sell decedent’s vehicles and account for the proceeds in North Carolina probate? Detailed Answer When a personal representative (sometimes called an executor) handles a decedent’s estate in North Carolina, selling vehicles falls under the administration of personal property. You must follow statutory requirements and court rules to…

How do I open an intestate estate in North Carolina when the surviving spouse hasn’t initiated probate?

Probate Q&A Series

How do I open an intestate estate in North Carolina when the surviving spouse hasn’t initiated probate? Detailed Answer When someone dies without a valid will in North Carolina, their estate is “intestate.” To distribute assets and settle debts, you must open an intestate estate by appointing a personal representative. North Carolina law sets out…

What is an early distribution and how does a receipt and refunding agreement protect heirs in North Carolina probate?

Probate Q&A Series

What Is an Early Distribution and How Does a Receipt and Refunding Agreement Protect Heirs in North Carolina Probate? Detailed Answer In North Carolina probate, an early distribution lets the personal representative deliver certain estate assets to heirs before the final settlement of the estate. Early distributions can speed up the transfer of personal items,…

What duty does a North Carolina personal representative have to negotiate SBA and other creditor claims in a probate estate?

Probate Q&A Series

What duty does a North Carolina personal representative have to negotiate SBA and other creditor claims in a probate estate? Detailed Answer When someone dies with debts, the personal representative steps in to settle the estate. In North Carolina, that person has a fiduciary duty to handle all valid creditor claims, including those by the…

How do parents inherit equally and serve as personal representative when an adult child dies intestate in North Carolina?

Probate Q&A Series

How do parents inherit equally and serve as personal representative when an adult child dies intestate in North Carolina? Detailed Answer When an adult child dies without a valid will in North Carolina, the state’s intestate succession law determines who inherits the estate. If the decedent has no surviving spouse or children, the estate passes…

What steps must a guardian take to claim and track a minor’s estate distribution check in North Carolina?

Probate Q&A Series

What steps must a guardian take to claim and track a minor’s estate distribution check in North Carolina? Detailed Answer When a minor inherits assets through probate, a guardian of the minor’s estate must take specific actions to secure, deposit, and monitor those funds. North Carolina law establishes clear procedures that protect the minor’s interests…

How should a personal representative in the State of North Carolina handle a decedent’s corporate debts and potential business bankruptcy?

Probate Q&A Series

Detailed Answer When a decedent leaves behind corporate debts or a business facing bankruptcy, the personal representative must protect the estate while following North Carolina law. You act under Chapter 28A of the North Carolina General Statutes to collect assets, evaluate claims, and pay valid debts in the proper order. 1. Determine the Decedent’s Business…