Can the administrator force a family member who lives in the decedent’s house to move out during the estate process? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, an estate administrator usually cannot simply “kick out” a family member from the decedent’s home without a legal basis and the right court…
Once we get the estate file, what are the next steps to move the estate forward and distribute the assets? – North Carolina Short Answer In North Carolina, once the official estate file is in hand, the next steps usually are to confirm who is appointed as the personal representative, identify what assets are actually…
Do I need to provide the sealed letters to banks or other institutions to access estate accounts or information? – North Carolina Short Answer Usually, yes. In North Carolina, banks and other institutions commonly require a certified (sealed) copy of the Letters of Administration (or Letters Testamentary) before they will share account information, freeze or…
How do I get a full accounting of trust funds and prove money is missing or being misused? – North Carolina Short Answer In North Carolina, a trustee generally must keep trust records and provide beneficiaries with enough information to understand what the trustee did with trust property. If voluntary requests do not work, a…
If some accounts have named beneficiaries, can they still be pulled back into the estate to pay debts or expenses? – North Carolina Short Answer Usually, accounts with valid beneficiary designations (like POD bank accounts or TOD securities) pass outside probate in North Carolina, so they are not part of the probate estate for routine…
How do I ask the court to continue my final accounting hearing so I have more time to finish everything? – North Carolina Short Answer In North Carolina estate administration, a request to continue (postpone) a final accounting hearing is usually made to the Clerk of Superior Court handling the estate. The safest approach is…
What happens if bills or debts are still being paid after someone dies? – North Carolina Short Answer In North Carolina, a person’s bills do not automatically stop at death, but the right person to pay them (and the order they get paid) changes. After death, ongoing payments should generally be handled through the estate…
How do I find out what payments are due or pending in an estate? – North Carolina Short Answer In North Carolina, the best way to see what payments are due or pending in a probate estate is to review the estate file with the Clerk of Superior Court and compare it to the estate’s…
How do I claim my deceased parent’s share of property-sale proceeds that were deposited with a court as unclaimed funds? – North Carolina Short Answer In North Carolina, the usual way to recover money that has been paid into the Clerk of Superior Court as “unclaimed” is for the estate’s personal representative to file a…
Do I need a professional appraisal for probate inventory, or can I use comparable listings from resale sites? – North Carolina Short Answer In North Carolina probate, the inventory should report a supportable fair market value as of the date of death. A professional appraisal is allowed and sometimes wise, but it is not automatically…
