Category Archives: Probate Q&A Series

How can I legally transfer or salvage vehicles when the titles are registered out-of-state and my deceased parent died without a will?

Do I Need to Open a North Carolina Probate Estate When the Deceased’s Vehicles Are Titled in NC? When a decedent’s assets such as vehicles are titled in North Carolina, opening a probate estate in NC is typically required to legally transfer or re-title those assets. Even if the decedent passed away in another state,…

Should I hire a probate attorney to handle estate and wrongful death settlement matters, or can I complete the process myself?

Can I File Probate Forms Without an Attorney? In North Carolina, you may file probate forms on your own. Many individuals consider representing themselves for routine filings if they receive the forms from the local court, as was discussed by a potential client. Although you can complete and submit the paperwork without an attorney, navigating…

Can I legally change the locks on a property I co-own without risking a breaking and entering charge?

Can I Change the Locks on a Property I Own Without Facing Breaking and Entering Charges? In North Carolina, if you are a property owner, you generally have the right to change the locks on your home. When you legally own the property—even when ownership is shared as in a tenancy by the entirety or…

How do I begin the probate process for a property when the will designates multiple heirs, and I am the only surviving child?

What Are My Initial Steps for Probate Administration When I Am the Only Surviving Heir? When you are the sole surviving child and need to administer an estate in North Carolina, your first step is to gather all the necessary documents. Start by locating your father’s original will, death certificate, and any supporting documents that…

How can I obtain the name of the county’s current public administrator for probate matters?

What Is a Public Administrator in North Carolina Probate Cases? In North Carolina, a public administrator is appointed by a county when there is no qualified person available to serve as an estate administrator. The role of the public administrator is to manage and distribute the decedent’s estate in accordance with state law and court…

How do multi-state issues and conflicting legal opinions affect whether escrow funds from a failed property purchase should be processed through probate?

Do I Need to Open Probate to Address Escrow Fund Disputes in North Carolina? When escrow funds become the subject of dispute after a decedent’s passing in North Carolina, opening a probate estate is generally the best course of action. In cases where funds in escrow are connected to a property purchase and there is…

Do I need to open an ancillary probate in North Carolina for disputed escrow funds when my father’s estate is being probated in Arizona?

Do Escrow Funds in North Carolina Require Probate If They Originate from an Out-of-State Estate? In North Carolina, funds held in escrow that originate from an out-of-state estate may not require the traditional probate process. For example, if disputed funds are held by the clerk (such as in Onslow County), and these funds stem from…

Is it a conflict of interest for an attorney to handle probate administration when they previously drafted the will?

Is There a Conflict of Interest When an Attorney Drafts the Will and Administers the Estate? In North Carolina, it is not uncommon for an attorney to be involved both in the drafting of a will and later in the probate administration. This dual role does not automatically create a conflict of interest. The attorney’s…

How can I protect my rights when asserting an elective share during probate, especially if the executor or trustee delays distributions or mismanages estate assets?

What Is the Elective Share and How Is It Determined in North Carolina Probate Cases? The elective share is a protection provided to a surviving spouse allowing them to claim a portion of the decedent’s estate even when the will provides for less. In North Carolina, elective share rights are based on a calculation of…

How do probate attorneys manage jurisdiction and retainer agreements in cases involving disputed escrow funds from out-of-state property transactions?

How Are Contested Escrow Funds Handled in a Probate Case Involving a Non–North Carolina Resident? This question arises when escrow funds, deposited for a property purchase in North Carolina, become the subject of dispute after a decedent’s passing. Even though the funds are located in North Carolina, a decedent domiciled out‐of–state (for example, Arizona) may…