What is the proper way to document and pay a creditor settlement from estate assets during probate? – North Carolina Short Answer In North Carolina probate, a creditor settlement should be documented in writing, approved by the personal representative as an estate obligation (not a personal one), and paid from an estate account with a…
Can I use a simplified probate process to put a will on file just to clear title to real property? – North Carolina Short Answer Sometimes, but the key point in North Carolina is that clearing title usually requires the will to be probated (not just deposited for safekeeping) and, for land, the probate paperwork…
Does an estate’s EIN stay the same if a new administrator is appointed? – North Carolina Short Answer Usually, yes. In North Carolina, an estate’s Employer Identification Number (EIN) generally stays with the estate even if the originally appointed administrator dies and the Clerk of Superior Court appoints a new administrator. The key task is…
How do I handle a small estate when my parent died without a will and only left a bank account, a car, and personal belongings? – North Carolina Short Answer In North Carolina, many “bank account + car + personal belongings” estates can be handled without full probate by using a small-estate procedure called collection…
Can an estate administrator be reimbursed for estate expenses they paid out of pocket? – North Carolina Short Answer Yes. In North Carolina, a personal representative (often called an “administrator” when there is no will) can usually be reimbursed for reasonable, necessary estate administration expenses that were properly incurred for the estate, as long as…
How do I challenge the way a deceased person’s assets are being handled if I think it’s unfair? – North Carolina Short Answer In North Carolina, challenges to how a deceased person’s assets are being handled usually happen in a “estate proceeding” before the Clerk of Superior Court in the county where the estate is…
What documents do I need from the other state’s probate case to handle the property where the land is located? – North Carolina Short Answer For North Carolina land owned by a person who died with a will that was probated in another state, the key documents are an authenticated (often “exemplified”) copy of the…
If the bank refuses to release statements, what legal steps can be taken to compel production of the records? – North Carolina Short Answer In North Carolina, when a bank will not voluntarily provide a decedent’s account statements or ownership records needed for a year’s allowance, the usual way to compel production is a court-issued…
Do I need to open probate if my parent’s will leaves everything to the surviving spouse and most assets were jointly owned? – North Carolina Short Answer Often, no full probate estate is needed in North Carolina when most assets pass automatically to the surviving spouse by right of survivorship (for example, jointly titled accounts…
Can I open and complete an estate case if I live out of state and can’t appear at the courthouse in person? – North Carolina Short Answer Often, yes. In North Carolina, an out-of-state heir can usually open and administer an estate through the Clerk of Superior Court without repeated in-person courthouse visits, as long…
