What are my options if I think the executor is not following the intent of the will? – North Carolina Short Answer In North Carolina, an executor (also called a personal representative) must follow the will and carry out estate administration under the supervision of the Clerk of Superior Court. If there are red flags—like…
Can the estate administrator face penalties if the annual account was filed on time but the records have not been updated yet? – North Carolina Short Answer Usually, North Carolina penalties come from not filing an annual account when required, or filing an account that is incomplete or unsatisfactory. If the annual account was filed…
Do the final individual tax returns have to be filed before the estate can be closed? – North Carolina Short Answer In North Carolina, an estate usually should not be closed until taxes that are due have been addressed, because the Clerk of Superior Court may refuse to allow a final account if required taxes…
Can a non-family neighbor or caretaker be named executor, and how can the family object if they think the executor was involved in wrongdoing? – North Carolina Short Answer Yes. In North Carolina, a person does not have to be a family member to be named executor (personal representative) in a will. If family members…
How do I document and get approval for estate expenses in the final accounting so the court will accept it? – North Carolina Short Answer In North Carolina, the executor (personal representative) typically gets estate expenses accepted in the final accounting by (1) listing each expense clearly in the final account, (2) backing each disbursement…
What happens if someone files probate paperwork saying there is no will when a will actually exists? – North Carolina Short Answer In North Carolina, if an estate is opened as “no will” (intestate) but a valid will later turns up, the will can still be offered to the Clerk of Superior Court for probate…
How do I handle a car that was titled in my partner’s name and a relative’s name, especially if the relative is demanding money or took the vehicle? – North Carolina Short Answer In North Carolina, the first step is to confirm how the vehicle was co-titled: some co-ownership is set up to pass automatically…
Can the estate negotiate with creditors when the estate assets are smaller than the amounts being claimed? – North Carolina Short Answer Yes. In North Carolina, the personal representative (executor/administrator) can often negotiate and settle creditor claims, especially when the estate may not have enough money to pay everything in full. The key is that…
If the original will can’t be located, how is the estate handled? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court usually wants the original will to open an estate. If the original cannot be found, the estate may still move forward by (1) proving a lost or destroyed will (often…
What happens to a retirement account when the listed beneficiary died before the account owner and the will doesn’t clearly address it? – North Carolina Short Answer In North Carolina, a retirement account usually passes by the account’s beneficiary designation (the contract with the plan/IRA custodian), not by the will. If the only listed beneficiary…
