Do I need a death certificate to start probate, and what can I do if I can’t get one yet? – North Carolina Short Answer Not always. In North Carolina, the Clerk of Superior Court can start a probate estate and issue letters based on acceptable “evidence of death,” and a certified death certificate is…
How do I get a tax ID number for an estate and who is allowed to request it? – North Carolina Short Answer In North Carolina, an estate usually needs its own federal tax ID number (an EIN) once a personal representative is appointed and the estate needs to open an estate bank account or…
What happens if the deceased had not filed taxes for several years, and who handles those filings during probate? – North Carolina Short Answer In North Carolina, unfiled tax returns do not disappear at death. The estate’s personal representative (executor or administrator) generally becomes responsible for getting the decedent’s past-due final individual returns filed and…
Can I reopen the estate bank account with letters of administration to handle reimbursements and distributions? – North Carolina Short Answer In North Carolina, the personal representative usually can reopen (or open) an estate bank account and deposit reimbursements as long as the personal representative still has valid authority under the letters of administration and…
Can selling property through a trust avoid the higher costs of an estate sale? – North Carolina Short Answer Sometimes. In North Carolina, if a trust owns the property, the trustee can often sell it without using the court-controlled “estate sale” (judicial sale) process, which can reduce delay and certain court steps. However, a trust…
What documents do I need to file to process my spouse’s estate with a law firm? – North Carolina Short Answer In North Carolina, the core filings to start a spouse’s estate usually include the original will (if there is one), an application to the Clerk of Superior Court to open the estate and appoint…
Which bank accounts titled in my parent’s name with sibling co-owners avoid probate? – North Carolina Short Answer In North Carolina, a bank (or similar deposit) account usually avoids probate only if the account paperwork creates a right of survivorship (a true joint survivorship account) or if it is a payable-on-death (POD) account naming a…
Can my sibling compel a formal probate even though the estate qualifies for a small estate procedure? – North Carolina Short Answer Yes. In North Carolina, even when an estate qualifies for the “small estate” (collection by affidavit) procedure, an interested person—such as an heir or creditor—can ask the Clerk of Superior Court to open…
What legal remedies do I have if an appraiser or agent took unauthorized photos of my personal items? – North Carolina Short Answer In North Carolina, unauthorized photos taken inside a private home can create civil remedies depending on what was photographed, why the person was inside, and what happened to the images afterward. The…
How do I report a scrapped car with no cash recovery on my estate inventory? – North Carolina Short Answer In North Carolina, a personal representative generally lists a vehicle on the estate inventory at its fair market value as of the date of death (not the later scrap value). If the car is later…
