What happens to our separation agreement and the plan to sell the marital home now that my legally separated spouse has died? – North Carolina Short Answer In North Carolina, a legal separation does not end the marriage, so a surviving spouse can still have probate rights unless those rights were waived in a valid…
How can I confirm the law firm filed the estate accounting with the clerk and that it was accepted? – North Carolina Short Answer In North Carolina, an estate accounting is filed in the estate file with the Clerk of Superior Court (Estate Division). The most reliable ways to confirm filing and acceptance are (1)…
Can I sue to get my personal property back if relatives took it from where I was living, and how is that different from the probate case? – North Carolina Short Answer Yes. In North Carolina, when someone wrongfully takes or keeps personal belongings that belong to an heir (and not to the decedent’s estate),…
How do I get added as an heir if the administrator left me off the probate paperwork in an estate with no will? – North Carolina Short Answer In North Carolina, an heir who was left off an intestate (no-will) estate filing can usually be added by bringing the issue to the Clerk of Superior…
What can the other heirs do if the administrator is making decisions behind everyone’s back? – North Carolina Short Answer In North Carolina, heirs can ask the Clerk of Superior Court (the probate court) to require the administrator to provide information, file proper reports, and follow the required court process for major actions like taking…
How do I find out whether a vehicle was transferred out of my parent’s name before they died, and whether it still needs to be listed in the estate inventory? – North Carolina Short Answer In North Carolina, the cleanest way to confirm whether a vehicle was still in a parent’s name at death is…
When an estate house is sold, how are executor expenses handled before the remaining proceeds are distributed to heirs? – North Carolina Short Answer In North Carolina, the estate generally pays legitimate administration expenses (including reasonable out-of-pocket costs the executor advanced) before any remaining sale proceeds are distributed to heirs. The executor typically documents those…
What documents do I need to file for a final accounting, and what happens if I miss something before the hearing? – North Carolina Short Answer In North Carolina, a personal representative usually closes an estate by filing a final account with the Clerk of Superior Court that shows all estate money received, all payments…
If the estate’s main assets are vehicles, how do I handle selling or transferring them to pay estate debts? – North Carolina Short Answer In North Carolina, an estate’s vehicles are personal property that the administrator (personal representative) can usually sell or transfer as part of administering the estate, then use the net proceeds to…
What happens to the original will after I file it with the clerk, and can I get it back if it’s my only original copy? – North Carolina Short Answer In North Carolina, once the Clerk of Superior Court admits a will to probate, the original will stays with the clerk as part of the…
