Who needs to sign the ancillary probate documents if the executor lives out of state? – North Carolina Short Answer In North Carolina, the person who files the out-of-state will for probate without qualification (the applicant or “propounder”) signs the paperwork. That signer is often the out-of-state executor, but it doesn’t have to be; a…
How can I pay state income taxes for an estate that has no available funds? – North Carolina Short Answer In North Carolina, you generally do not pay estate debts from your own pocket. The personal representative must pay valid claims in a strict priority order using estate assets. State income taxes are lower-priority than…
What should I do if a state tax refund check is made payable to both me and the deceased? – North Carolina Short Answer In North Carolina, a state income tax refund of $200 or less from a joint return belongs entirely to the surviving spouse. If the refund is more than $200, the spouse…
Can I deposit a decedent’s state tax refund into my personal account or must it go into the estate account? – North Carolina Short Answer In North Carolina, a decedent’s state income tax refund is partly or entirely an estate asset unless a specific spousal rule applies. If the North Carolina refund is $200 or…
Can my sibling sign a receipt to acknowledge repayment before estate distributions? – North Carolina Short Answer Yes. In North Carolina, the personal representative can reimburse a sibling who advanced verified estate expenses and should obtain a signed receipt at the time of repayment. That receipt is separate from the distribution receipts and releases beneficiaries…
How can I negotiate and recover credit card charges my sibling made from the estate? – North Carolina Short Answer In North Carolina, handle a sibling’s estate-related credit card charges as a documented reimbursement claim. Have your sibling submit a written claim with itemized receipts, verify the expenses were necessary for the estate, and pay…
What steps are required to transfer or record out-of-state property during probate? – North Carolina Short Answer In North Carolina, your letters of appointment do not automatically let you transfer real estate located in another state. To pass clear title, you generally must follow the other state’s procedure—usually by opening an ancillary probate there or…
As the only heir, what rights do I have to my dad’s foreign real property? – North Carolina Short Answer Under North Carolina law, your status as an heir is determined here, but title to land outside North Carolina follows the law where that land is located. If you are the only heir and there…
Can I stop my dad’s ex-partner from selling his property in another state? – North Carolina Short Answer Under North Carolina law, you cannot block a sale in another state by yourself. You first need to open a North Carolina intestate estate and be appointed as administrator. If anyone claims to be a surviving spouse,…
What steps do I need to transfer title of my late parent’s home when there is no will? – North Carolina Short Answer In North Carolina, title to a home passes to the legal heirs at death even without a will. To make the title usable for lenders and title insurers, you typically either (1)…
