Category Archives: Probate Q&A Series

Can an estate representative close both the decedent’s account and the estate account, and what paperwork is usually required? nc

Can an estate representative close both the decedent’s account and the estate account, and what paperwork is usually required? – North Carolina Short Answer In North Carolina, the personal representative (executor or administrator) generally has authority to collect the decedent’s assets, which usually includes working with a bank to close a decedent’s sole-owned account and…

Who counts as an “interested party” in a probate case, and why would my stepchildren need notice? nc

Who counts as an “interested party” in a probate case, and why would my stepchildren need notice? – North Carolina Short Answer In North Carolina probate, an “interested party” generally means someone whose financial rights could be affected by what the Clerk of Superior Court decides in the estate. That usually includes people who would…

What documents do I need to bring to a probate consultation to get the process started? nc

What documents do I need to bring to a probate consultation to get the process started? – North Carolina Short Answer For a North Carolina probate consultation, the most helpful items are the original will (if available), a certified death certificate (or other proof of death if the certificate is not ready), and a basic…

Can an estate pay a creditor directly after a collection agency stops handling the file, and how should that payment be documented? nc

Can an estate pay a creditor directly after a collection agency stops handling the file, and how should that payment be documented? – North Carolina Short Answer Yes. In North Carolina, if a collection agency says the creditor has recalled the account, the estate can usually deal with (and pay) the original creditor directly, as…

Does a request to remove an executor have to be filed in the county where the person died and the estate was opened? nc

Does a request to remove an executor have to be filed in the county where the person died and the estate was opened? – North Carolina Short Answer In North Carolina, a request to remove an executor (personal representative) is normally handled in the same county where the estate is being administered, because the Clerk…

What happens if there is no operating agreement for the LLC—do the LLC funds automatically become part of the estate? NC

What happens if there is no operating agreement for the LLC—do the LLC funds automatically become part of the estate? – North Carolina Short Answer No. In North Carolina, an LLC’s bank account is owned by the LLC, not by the member personally, so the funds do not automatically become estate property just because the…

Can the probate process move forward while the attorney is still confirming whether the will was properly executed? nc

Can the probate process move forward while the attorney is still confirming whether the will was properly executed? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court cannot admit a will to probate until the will is proven to be validly executed under the probate rules. A missing notary stamp usually…

What happens if the death was a while ago—are there deadlines or notice requirements that could affect the probate process? nc

What happens if the death was a while ago—are there deadlines or notice requirements that could affect the probate process? – North Carolina Short Answer In North Carolina, a death that happened “a while ago” usually does not prevent opening an estate, but it can change what can still be done and when. The biggest…

If I can’t afford to assume the car payments, what are my options to get the vehicle out of my name and off my property? nc

If I can’t afford to assume the car payments, what are my options to get the vehicle out of my name and off my property? – North Carolina Short Answer In North Carolina, a deceased parent’s car loan usually does not become a child’s personal debt just because the car is sitting on the child’s…

What can I do if a financial institution won’t release estate account statements or tax forms to anyone except the named administrator? nc

What can I do if a financial institution won’t release estate account statements or tax forms to anyone except the named administrator? – North Carolina Short Answer In North Carolina, a financial institution will usually only release estate-account statements and tax forms to the court-appointed personal representative (the “administrator” or “executor”) unless that personal representative…