Do I need a lawyer just to prepare and file the inventory, or can I hire help for only that part of the probate case? – North Carolina Short Answer In North Carolina probate, a personal representative generally can hire a lawyer for only part of the case, including just preparing and filing the required…
Can I keep the house if it was in both our names but there is still a mortgage? – North Carolina Short Answer Often, yes. In North Carolina, if a married couple held the home as tenants by the entirety (the most common way spouses hold title together), the surviving spouse becomes the sole owner…
How do we get financial institutions to release account balances and transfer an investment account into the estate? – North Carolina Short Answer In North Carolina, financial institutions usually will not release date-of-death balances or retitle an investment account into an estate until a court-appointed personal representative presents certified Letters Testamentary or Letters of Administration…
How do I get an out-of-state will accepted when it isn’t self-proving and the court wants witness affidavits? – North Carolina Short Answer In North Carolina, a will that is not “self-proved” usually must be proven to the Clerk of Superior Court with sworn testimony from the subscribing (attesting) witnesses. If the original witnesses are…
How do I get probate started if the executor named in the will won’t file anything or respond? – North Carolina Short Answer In North Carolina, probate is handled through the Clerk of Superior Court, and a will does not “move forward” until someone applies to have it admitted and a personal representative qualifies. If…
How do estate taxes or IRS issues get handled during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) typically handles tax and IRS issues as part of administering the estate: gathering tax records, filing required returns, paying valid taxes from estate funds, and documenting those payments in…
What documents or signatures are commonly needed to finalize and close a probate estate after the final accounting is submitted? – North Carolina Short Answer In North Carolina, closing a probate estate after the final account is submitted usually means the Clerk of Superior Court needs enough paperwork to (1) approve the final account and…
How do we figure out which bank accounts, safe deposit box contents, and business assets belong to the estate? – North Carolina Short Answer In North Carolina probate, an asset generally “belongs to the estate” if it was titled in the decedent’s name alone (or payable to the estate) and does not transfer automatically at…
What proof do I need to challenge a will based on lack of capacity or undue influence, and how do I get medical and financial records? – North Carolina Short Answer In North Carolina, a will challenge (called a “caveat”) usually focuses on whether the person had testamentary capacity when the will was signed and…
What information can a government care-related agency request or receive from the estate’s attorney during probate? – North Carolina Short Answer In North Carolina probate, a government care-related agency can request information needed to identify the estate, confirm who has authority to act, and present or enforce a valid claim (such as Medicaid estate recovery…
