How can I find out what is happening with my parent’s estate if no one is giving me updates? – North Carolina Short Answer In North Carolina, most probate estate administration happens through the Clerk of Superior Court, and the estate file is often the fastest way to confirm what has (and has not) been…
If one heir dies before the parent’s estate is probated, who inherits that heir’s share of the house? – North Carolina Short Answer In North Carolina, if a parent dies without a will and a child survives the parent, that child’s inheritance right generally becomes part of the child’s own estate—even if the parent’s estate…
Can I be required to move out of a relative’s home during probate, and how much notice would I get? – North Carolina Short Answer Yes. In North Carolina, a person living in a deceased relative’s home can be required to move out during probate, but the process and notice depend on whether the person…
What happens if a family member later changes their mind about the agreement on who gets the property or other assets? – North Carolina Short Answer In North Carolina, a family member can often change course unless the agreement was put into a proper, enforceable form (typically a written settlement, signed releases, and/or a filed…
What happens to the mortgage on a home after the homeowner dies, and can the house still be sold? – North Carolina Short Answer In North Carolina, a mortgage does not disappear when the homeowner dies. The debt remains attached to the home, and the lender can still require payments and can foreclose if the…
If there is a deficiency judgment listed in the paperwork, does that mean any estate assets would have to go to that debt before heirs receive anything? – North Carolina Short Answer Not automatically. In North Carolina, heirs generally receive estate property only after the estate’s valid expenses and creditor claims are handled in the…
Is it worth contacting the notary who notarized the alleged transfer, and what can a notary record show in a forgery dispute? – North Carolina Short Answer Yes. In North Carolina, contacting the notary can be a practical early step because the notary may confirm what type of notarization was performed, who appeared, when and…
Can a secured creditor start foreclosure after someone dies, and how can the estate slow down or stop that while the court sorts out creditors? – North Carolina Short Answer Yes. In North Carolina, a mortgage lender or deed-of-trust holder can generally move forward with foreclosure after the borrower dies because the lien stays attached…
Do we have to open probate if the only asset is a house we want to sell? – North Carolina Short Answer Often, yes. In North Carolina, when a parent dies without a will and the main asset is a house, a sale usually requires an estate administration through the Clerk of Superior Court so…
What is a probate bond, and when would I have to post one if I’m administering the estate? – North Carolina Short Answer In North Carolina, a probate bond is a financial guarantee that protects the estate’s heirs and creditors if the court-appointed personal representative mishandles estate money or property. Bond is commonly required when…
