If the estate’s main asset is real property, when can heirs expect a distribution and what usually has to happen first? – North Carolina Short Answer In North Carolina, when an estate’s main asset is real property, heirs usually should not expect a clean “distribution” until the personal representative has opened the estate, given notice…
What are the steps to verify title, record deeds, and allocate a specific homeplace area promised to one heir when boundaries arent defined in the will? – North Carolina Short Answer In North Carolina, the usual path is to (1) probate the will so it can pass title, (2) confirm who holds record title to…
How can I get a payoff statement or account history on a deceased person’s mortgage when I’m handling the estate? – North Carolina Short Answer In North Carolina, the safest way to obtain a deceased borrower’s mortgage payoff statement or account history is for the estate’s court-appointed personal representative (or the personal representative’s authorized attorney)…
What happens if there is no will—who handles the estate and how are assets divided? – North Carolina Short Answer In North Carolina, if a person dies without a valid will, the estate is handled through an “intestate” estate administration. The Clerk of Superior Court appoints an administrator (a type of personal representative) to collect…
If we move forward with estate administration, does an adult child need to be added as a co-administrator or sign a bond waiver? – North Carolina Short Answer In North Carolina, an adult child does not automatically have to be added as a co-administrator just because the person is an heir. One person can usually…
Do banks and insurers require the original will, or will a court-filed copy with letters testamentary be enough? – North Carolina Short Answer In North Carolina, most banks and insurance companies usually do not need the original will once the estate is open. They typically accept (1) a certified copy of the will from the…
If the timeshare is deeded, how do I locate the recorded deed and confirm the current owner of record? – North Carolina Short Answer In North Carolina, a deeded timeshare (a “timeshare estate”) is treated as an interest in real estate and is confirmed the same way other real property ownership is confirmed: by locating…
What can I do if our linked bank accounts are frozen after the death and I need funds? – North Carolina Short Answer In North Carolina, access to a bank account after someone dies depends on how the account is titled and whether it has a survivorship feature or a payable-on-death beneficiary. If the account…
How do we properly document an heir buying estate equipment so the sale is fair and approved by the court? – North Carolina Short Answer In North Carolina, an heir can purchase estate equipment, but the personal representative should document the sale like an arm’s-length transaction and be ready to show the Clerk of Superior…
How do we deal with land in another state as part of this estate? – North Carolina Short Answer In North Carolina probate, out-of-state land usually cannot be transferred using only the North Carolina estate file. Because real estate is controlled by the law of the state where the land sits, the estate typically must…
