What documents and valuations are required for the estate inventory and the notice to creditors? – North Carolina Short Answer In North Carolina, the estate inventory generally requires a complete list and date-of-death fair market value for probate assets, with enough detail to identify each item (for example, vehicle VINs and descriptions). Assets that pass…
What happens if sale proceeds are being held in escrow while the estate is still being administered? – North Carolina Short Answer In North Carolina, sale proceeds tied to a decedent’s ownership interest are usually treated as an estate asset that should be safeguarded and then collected by the qualified personal representative (executor/administrator) when release…
Can my spouse and I assume or refinance the existing mortgage while probate is pending, and what paperwork will the lender require? – North Carolina Short Answer Sometimes, but it depends on what the lender is willing to do and whether someone has legal authority to act for the estate. In North Carolina, a lender…
Can a local DMV refuse to process a title transfer if I am the court‑appointed personal representative, and how do I resolve it? – North Carolina Short Answer Yes. A local North Carolina DMV plate agency can refuse to process an estate-related title transfer if the paperwork does not match what the DMV is required…
Who at the courthouse actually grants permission to access or use funds—does it come from the judge or the clerk? – North Carolina Short Answer In most North Carolina probate situations, the authority to access or use funds comes from the Clerk of Superior Court, acting as the court’s ex officio judge of probate. The…
With mostly joint bank accounts and the mortgage already in my name, do we need full probate or is there a simpler small‑estate process? – North Carolina Short Answer In North Carolina, “full probate” (regular estate administration with a personal representative) is not always required when most assets pass automatically, such as joint bank accounts…
How can I get a death certificate if the funeral home refuses to release it even after issuing a refund? – North Carolina Short Answer In North Carolina, a funeral home does not control access to the official death certificate once it is filed with Vital Records. If a funeral home refuses to hand over…
What happens if a co‑heir refuses to accept the vehicle as part of their share or threatens to fight the distribution? – North Carolina Short Answer In North Carolina, a co-heir generally cannot force the estate to give them a particular item (like a vehicle) if the personal representative is trying to make an equal…
Can a living parent sign a deed to transfer a house to me, and what are the steps to prepare and record that deed? – North Carolina Short Answer Yes. In North Carolina, a living parent can transfer a house to an adult child by signing a new deed (often a warranty deed or quitclaim…
Can a wrongful death case be started before the court issues letters of administration, or do I need to wait? – North Carolina Short Answer In North Carolina, a wrongful death claim generally must be brought in the name of the decedent’s personal representative (the administrator or executor), which usually means waiting until the Clerk…
