What should I do if I suspect someone took the original will or forged parts of it? – North Carolina Short Answer In North Carolina, the practical first step is to act quickly through the Clerk of Superior Court in the county where the estate is (or will be) administered: ask whether an original will…
How do I get proof that I’m the authorized fiduciary for an estate so I can deal with utility companies and other bills? – North Carolina Short Answer In North Carolina, the usual “proof” that someone has authority to act for an estate is the court-issued Letters Testamentary (if there is a will) or Letters…
How do I open an estate when my parent died without a will and only owned a share of co-owned family land? – North Carolina Short Answer In North Carolina, opening an intestate estate usually means applying with the Clerk of Superior Court (the probate court) to be appointed as the administrator and receive “Letters…
Can I use a small-estate affidavit to move a deceased spouse’s interest in older vehicles to the surviving spouse so the car can be sold? – North Carolina Short Answer Sometimes. In North Carolina, a “small-estate affidavit” (collection of property by affidavit) can work for certain personal property, but vehicle titles often get handled through…
Can family members who live in different places still manage the estate? – North Carolina Short Answer Yes. In North Carolina, family members can manage an estate even if they live in different cities or states, as long as the Clerk of Superior Court appoints (qualifies) the right person as the personal representative (executor). When…
What can the executor do to stop relatives from entering the home and taking estate property before probate is underway? – North Carolina Short Answer In North Carolina, a person named as executor in a will usually has limited legal power until the Clerk of Superior Court opens the estate and issues letters (qualification). The…
Can the other co-owners sell the property if one owner died before the sale paperwork was completed? – North Carolina Short Answer Sometimes. In North Carolina, whether the surviving co-owners can sell without the deceased owner’s signature depends on how the deed held title (for example, tenancy in common versus a survivorship form of ownership)…
How do I know whether my parent’s will has to go through probate if the estate is pretty simple? – North Carolina Short Answer In North Carolina, a will usually must be filed with the Clerk of Superior Court to be legally recognized, even when the estate feels “simple.” Whether the estate needs a full…
How can I get an estate tax ID number? – North Carolina Short Answer In North Carolina, the estate’s “tax ID number” is usually a federal Employer Identification Number (EIN) issued by the IRS. The personal representative (executor or administrator) typically applies using IRS Form SS-4, most often through the IRS online EIN application for…
Can the executor legally hold up distributing estate money until vehicles are sold or transferred, and what are my options if I disagree? – North Carolina Short Answer In North Carolina, an executor (personal representative) can delay distributing estate money if holding funds is reasonably necessary to finish administration—most commonly to pay valid debts, resolve…
