Category Archives: Probate Q&A Series

How can I remove a deceased parent’s name from a vehicle title when a lien and joint ownership are involved?

How Can I Remove a Deceased Family Member’s Name from a Vehicle Title in North Carolina? Removing a deceased family member’s name from a vehicle title in North Carolina requires a series of specific steps. Generally, the process begins by obtaining and submitting a certified death certificate. Once you have the required document, you must…

Do I need to inform and obtain agreement from all interested parties before selling probate assets, or can I proceed without notifying them for minor sales?

Do I Need to Notify My Co-Heir of Every Estate Transaction? In North Carolina probate matters, it is not always required to notify a co-heir about every single estate transaction. Instead, the law focuses on ensuring that material transactions—those affecting the overall estate value or the settlement of debts—are conducted with proper notice and fairness.…

What legal options are available if a family member is refusing to submit a will for probate?

What steps can I take if a family member is withholding the original will from probate? When a family member retains the original will, it can complicate the probate process. In North Carolina, it is essential that the original will be submitted to probate court so that the decedent’s intentions are honored. If a relative…

How does the creditor notice period during probate affect my ability to sell an inherited property?

What happens if personal property is removed from the home during probate? In North Carolina probate cases, any personal property from a deceased person’s home must be documented in the estate inventory. Sometimes, family members may remove items before the inventory is complete – for instance, low-value clothing donated to charity or larger items like…

What legal options do I have if unresolved estate issues, like an account in the estate name used for solar services, persist after probate is closed?

What Happens When Probate is Closed but Unresolved Estate Actions Remain? In North Carolina, once probate has been officially closed, many estate administrative duties are considered complete. However, occasional matters such as unresolved accounts, pending settlement actions, or other issues may continue to require attention. For example, if an estate continues to hold an account…

What steps do I need to take to become the administrator of an intestate estate after a sudden loss?

How does the hourly retainer fee work in a probate case, and what happens if the estate’s assets are insufficient to cover ongoing legal fees?

How Does the Probate Retainer and Fee Structure Work in North Carolina? Detailed Answer In many North Carolina probate cases, a retainer is required to get the process started. Typically, a $1,000 deposit is placed in trust to cover initial expenses. These expenses include filing fees, court costs, vital records requests, and other administrative tasks.…

How is a deficiency judgment handled in probate when a vehicle has an outstanding lien, and can it be amended if asset values or loan balances change?

How can I protect my interests in an estate when tax filings incorrectly classify inherited property as partnership income and expenses, and what settlement options should I consider to resolve these discrepancies?

Why might the vehicle title appear solely in my sibling’s name even though both of us are allotted a 50/50 share in the probate process?

How Do Probate Receipts Work in the Estate Accounting Process in North Carolina? In North Carolina probate, receipts serve as a formal record of all assets distributed from the decedent’s estate. These documents are submitted as part of the final accounting required by the clerk of court. They provide a detailed trail of all items…