What happens if the heirs disagree about how the estate funds should be divided? – North Carolina Short Answer In North Carolina, heirs do not get to “vote” on how probate estate funds are divided. The personal representative must follow the will (if valid) or North Carolina’s intestacy laws (if there is no will), and…
What happens if a creditor contacts a family member or occupant directly about the property—can that create problems for the estate? – North Carolina Short Answer In North Carolina, a creditor (including a mortgage lender) may try to communicate with a family member or occupant about a property, but that contact does not automatically bind…
Who is allowed to sign an estate vehicle title so I can register and tag the car? – North Carolina Short Answer In North Carolina, the person who can sign an estate-owned vehicle title is usually the court-appointed personal representative (executor or administrator) shown on certified Letters issued by the Clerk of Superior Court. In…
Can I file the will with the court and try to probate it even if it might be rejected? – North Carolina Short Answer Yes. In North Carolina, a will can be presented to the Clerk of Superior Court for probate even if there are concerns about whether it meets the signing and witness requirements.…
If my spouse had debts, can creditors come after me personally if I’m listed as the surviving spouse? – North Carolina Short Answer Usually, no. In North Carolina, a deceased spouse’s creditors generally must pursue payment through the decedent’s estate, not the surviving spouse personally. A creditor can come after the surviving spouse only if…
Do I have to personally pay my parent’s unsecured business debts, or do those get paid only from the estate? – North Carolina Short Answer In North Carolina, a deceased parent’s unsecured business debts are generally paid (if at all) from the parent’s estate—not from an adult child’s personal funds. A personal representative can create…
What should I do if it has been a long time and the estate still hasn’t been settled? – North Carolina Short Answer In North Carolina, a long delay usually means either (1) the personal representative has not filed required paperwork (like an inventory or accounting), or (2) the estate has a real issue holding…
How do I find out whether the court actually accepted or denied the person who applied to be the personal representative? – North Carolina Short Answer In North Carolina, the clearest way to confirm whether someone was accepted as personal representative is to check the estate file at the Clerk of Superior Court in the…
What happens to the mortgaged house if we don’t open probate, and can a child become the “successor in interest” to deal with the lender? – North Carolina Short Answer In North Carolina, a mortgage does not disappear when the homeowner dies. If the payments stop, the lender can still enforce the deed of trust…
What happens to an estate if the will leaves everything to a spouse, but the spouse dies before probate is started? – North Carolina Short Answer In North Carolina, probate starting later does not “save” a gift to a spouse who died before the person who made the will. If the spouse did not survive…
