How do I find out whether a deceased person’s will was ever filed with the court? – North Carolina Short Answer In North Carolina, wills and estate files are handled by the Clerk of Superior Court (the probate court). The most direct way to find out whether a deceased person’s will was filed is to…
What happens if the estate is closed before a property that was supposed to be sold is actually sold? – North Carolina Short Answer In North Carolina, closing an estate usually means the clerk of superior court approved the personal representative’s final account and the personal representative was discharged. If real property still exists and…
Can we avoid a full ancillary probate for a property that was never deeded into the trust? – North Carolina Short Answer Sometimes, but it depends on what the “other” property is and what needs to happen with it. If the out-of-state decedent owned North Carolina real estate in an individual name (not in the…
Will the clerk reject a commission or reimbursement petition if there is no money in the estate account yet? – North Carolina Short Answer Usually, the clerk will not reject a properly filed petition just because the estate account has a $0 balance at that moment. In North Carolina, the bigger issue is whether the…
How do I find out whether a will exists if the family won’t produce it? – North Carolina Short Answer In North Carolina, the first step is to check with the Clerk of Superior Court in the county where the person lived at death to see whether a will has been filed or an estate…
What happens if the 1099-R for a 401(k) is missing or incorrect when filing estate or personal taxes? – North Carolina Short Answer In North Carolina, a missing or incorrect 1099-R does not make the retirement distribution “non-taxable,” but it can delay filing, increase the risk of an IRS or NCDOR mismatch notice, and lead…
How do I prove certain costs were valid estate expenses that should be repaid? – North Carolina Short Answer In North Carolina, the way to prove costs were valid estate expenses is to show (1) the expense was necessary to administer the estate, (2) it was reasonable in amount, and (3) it was actually paid…
How can we transfer or sell out-of-state real property when the estate is being administered in another state? – North Carolina Short Answer Usually, real estate must be transferred under the law of the state where the land sits, even if the main estate is being administered somewhere else. In North Carolina, a foreign personal…
How do we find out whose name is on the deed and whether the house has to go through probate? – North Carolina Short Answer In North Carolina, deed ownership is usually confirmed by searching the county Register of Deeds records for the most recent recorded deed and any later recorded documents (like a deed…
If I already started probate to transfer a vehicle, what else do I need to do to properly transfer the house into my name? – North Carolina Short Answer In North Carolina, transferring a vehicle through probate (or a DMV affidavit process) does not automatically transfer a house. To put the house into an heir’s…
