Can I recover the cost of the trailer I purchased for my sibling from the estate? – North Carolina Short Answer Sometimes, but it depends on what the trailer purchase was legally for. In North Carolina, an estate can reimburse valid estate expenses (like administration costs and qualifying funeral expenses) and can also pay valid…
How can I open a probate or trust administration to manage my mother’s trust assets? – North Carolina Short Answer In North Carolina, a trustee usually does not “open” a court case just to administer a revocable living trust after the settlor dies. However, if a bank, annuity company, or a third party refuses to…
What documentation is needed to finalize the estate accounting and distribute remaining assets? – North Carolina Short Answer In North Carolina, the administrator usually must file a Final Account with the Clerk of Superior Court (Estates Division) and submit supporting documentation showing (1) all estate receipts, (2) all disbursements with vouchers, and (3) proof of…
Can I rely on an executor’s authorization without a court order? – North Carolina Short Answer Usually not. In North Carolina, an “executor” (personal representative) generally has authority to act for an estate only after the Clerk of Superior Court issues court papers called Letters Testamentary (or Letters of Administration). Until those letters are issued,…
How do I file a creditor’s claim in probate to recover money I spent on home repairs? – North Carolina Short Answer In North Carolina, a probate creditor’s claim is a written claim presented against a deceased person’s estate during estate administration. It is usually delivered to the personal representative (executor/administrator) or filed with the…
What assets must I list in the initial probate inventory, including bank accounts, vehicles, real estate, and retirement accounts? – North Carolina Short Answer In North Carolina, the personal representative must list probate assets that were owned by the decedent alone (or payable to the estate) in the initial inventory filed with the Clerk of…
Can a beneficiary access funds from POD accounts before probate is fully closed? – North Carolina Short Answer Yes. In North Carolina, a payable-on-death (POD) account generally becomes the beneficiary’s property at the owner’s death, so the beneficiary can usually claim the funds without waiting for probate to close. The bank will typically require proof…
What is the process for valuing and distributing estate assets equally among siblings? – North Carolina Short Answer In North Carolina, equal distribution among siblings in an intestate (no-will) estate usually happens through a probate estate opened with the Clerk of Superior Court, where a court-appointed personal representative lists and values the assets, pays allowed…
How do I respond if my co-executor demands reopening probate to amend our affidavit? – North Carolina Short Answer In North Carolina, a co-executor cannot force “reopening probate” just because a vehicle title was missed on a small estate filing. The practical first step is usually to address the vehicle through the Clerk of Superior…
Can I serve as the executor or personal representative, and what duties and risks come with that role? – North Carolina Short Answer In North Carolina, many adults can serve as the executor (named in a will) or administrator/personal representative (appointed when there is no will or no named executor can serve), but the appointment…
