If there’s mostly personal items and retirement accounts, what does the probate process usually involve? – North Carolina Short Answer In North Carolina, probate usually focuses on the property that was in the decedent’s name alone and did not have a built-in transfer method. If most assets are personal items and retirement accounts with named…
What happens when a parent dies without a will, and do we have to go through probate? – North Carolina Short Answer In North Carolina, when a parent dies without a will, the estate is handled under the state’s “intestate succession” rules, which decide who inherits. Whether probate is required depends on what the parent…
What happens if the life insurance company lists the estate as beneficiary even though the policyholder died before the person whose estate is named? – North Carolina Short Answer In North Carolina, if a life insurance policy names “the Estate of [DECEDENT]” as beneficiary, the insurer will usually treat the payout as an asset of…
How do I find out what assets my deceased relative owned, like a car or bank accounts? – North Carolina Short Answer In North Carolina, the cleanest way to identify a deceased person’s assets is usually to have a personal representative (executor/administrator) appointed through the Clerk of Superior Court. Once appointed, the personal representative has…
Can I object to the executor or administrator’s claimed expenses, and what proof do I need to support my objection? – North Carolina Short Answer Yes. In North Carolina, an heir or other “interested person” can raise objections when a personal representative (executor or administrator) seeks credit for estate expenses in an inventory, annual account,…
If the will names multiple co-personal representatives, do all of us have to serve, and what happens if only one of us wants to handle it? – North Carolina Short Answer Not necessarily. In North Carolina, when a will names more than one co-personal representative (co-executor), each named person can usually choose whether to qualify…
Can a minor child keep some of the deceased parent’s property from creditors, and how does that work? – North Carolina Short Answer Yes—often a minor child can keep a limited amount of the deceased parent’s personal property away from the deceased parent’s creditors in North Carolina by claiming a child’s year’s allowance. The allowance…
If my deceased relative’s sibling is alive, does that mean the sibling inherits everything instead of counsins? – North Carolina Short Answer Usually, yes—under North Carolina intestate succession, if a person dies without a will and has no surviving spouse, children, or parents, a living sibling is in the next “priority class” and can inherit…
What steps do we take to open an estate in the county where the person lived at death if the will was prepared years ago? – North Carolina Short Answer In North Carolina, opening an estate usually means taking the original will (if there is one) to the Clerk of Superior Court in the county…
What documents do I need to submit to request a small-estate affidavit from the probate court? – North Carolina Short Answer In North Carolina, a “small-estate affidavit” is usually an Affidavit for Collection of Personal Property of Decedent filed with the Clerk of Superior Court (the probate court). The core documents are the completed AOC…
