What happens if a lender files a claim on a car loan that also lists the former spouse—can the estate be protected if their agreement said they would pay? – North Carolina Short Answer In North Carolina, if the decedent signed the car loan, the lender can usually file a creditor claim against the estate…
Do I need to deposit reimbursed funds with the court clerk or can I manage them directly in the estate account? – North Carolina Short Answer In North Carolina, a personal representative will usually deposit a reimbursement back into the estate’s own estate bank account and report it as a receipt on the final account.…
What steps are required to sell a car that belonged to someone while their estate is going through probate? – North Carolina Short Answer In North Carolina, a car titled only in a deceased person’s name is usually sold by the court-appointed personal representative (executor or administrator), not by family members using a power of…
How can I get a full accounting of the credit union account and insurance proceeds in the estate? – North Carolina Short Answer In North Carolina, the personal representative (often called the administrator) must file an inventory and later file accountings with the Clerk of Superior Court showing estate receipts, disbursements, and distributions. An heir…
What steps do I need to take to deduct current property taxes from one heir’s share at closing? – North Carolina Short Answer In North Carolina, the cleanest way to deduct one heir’s current property taxes from that heir’s share at a probate real estate closing is to (1) document the agreement/authority for the deduction…
How can I obtain a copy of the will my parent filed with the court? – North Carolina Short Answer In North Carolina, once a will has been admitted to probate, it becomes a public court record kept by the Clerk of Superior Court in the county where the estate is opened. A copy can…
Can a co-heir buy out my share of our inherited home, and how do I set up that buyout? – North Carolina Short Answer Yes. In North Carolina, co-heirs who inherit a home together can agree for one heir (or an outside buyer) to purchase the others’ shares, as long as the price and terms…
How do I open probate for my spouse’s parent’s estate? – North Carolina Short Answer In North Carolina, “opening probate” usually means starting an estate file with the Clerk of Superior Court in the county where the parent lived at death and getting authority for someone to act for the estate (often called “letters”). If…
Do we need to open probate to deal with this property, or can heirs resolve it another way? – North Carolina Short Answer Not always. In North Carolina, heirs can sometimes handle a decedent’s real property without opening a full estate, especially when the property does not need to be sold to pay debts and…
Who is allowed to be appointed to handle the estate when there is no signed will? – North Carolina Short Answer In North Carolina, when there is no valid signed will, the estate is treated as an intestate estate and the Clerk of Superior Court appoints a personal representative called an “administrator.” The clerk generally…
