How do I find out whether probate is required for an estate in my situation? – North Carolina Short Answer In North Carolina, probate (a formal estate administration) is usually required when there are assets titled only in the deceased person’s name that cannot be transferred without a court-appointed personal representative. Many common assets pass…
If my parent died with unsigned wills, what happens to the estate and who is in charge of handling everything? – North Carolina Short Answer In North Carolina, an unsigned draft will usually cannot be probated as a valid will. When there is no valid will, the estate is handled as an intestate estate, meaning…
How do I find and get a copy of the most recent will if I only have an older one? – North Carolina Short Answer In North Carolina, the most reliable way to find the most recent will is to check whether a will has already been filed (probated) with the Clerk of Superior Court…
If the deceased had no will and had children, how is any wrongful-death settlement or estate money divided between the surviving spouse and the children? – North Carolina Short Answer In North Carolina, a wrongful-death settlement is paid to the estate’s personal representative, but the remaining proceeds are distributed to the heirs under North Carolina’s…
What happens if a new creditor claim shows up after we think we’ve accounted for all the debts? – North Carolina Short Answer In North Carolina, a “new” creditor claim can still affect the estate if it is presented on time and in the proper way. If the claim is late (after the creditor-claim deadline…
How do I get a copy of the will that was submitted to probate if the family says the original was lost? – North Carolina Short Answer In North Carolina, once a will (or a copy of a will) is offered for probate, it is handled through the Clerk of Superior Court (Estates) in the…
How do I get the most recent original will if a relative is refusing to share it or file it with the court? – North Carolina Short Answer In North Carolina, the fastest legal path is usually to ask the Clerk of Superior Court (the probate court) to issue a summons that compels the person…
What happens if I can’t find the title or registration paperwork for property the estate might claim? – North Carolina Short Answer In North Carolina, missing title or registration paperwork does not automatically decide whether property belongs to an estate. The personal representative still must make a reasonable effort to identify, gather, and inventory estate…
How do I find out whether there are any other creditors who might file claims against the estate? – North Carolina Short Answer In North Carolina, the main way to flush out unknown creditors is to publish a formal Notice to Creditors for the estate and to mail that notice to any creditors who are…
What is the estate worth and how do you calculate what I will receive from the remaining proceeds? – North Carolina Short Answer In North Carolina probate, the “estate value” and the amount a beneficiary receives are calculated from a court-filed inventory and accounting, not just from the house sale price. The distributable amount generally…
