How do I claim my deceased parent’s share of property-sale proceeds that were deposited with a court as unclaimed funds? – North Carolina Short Answer In North Carolina, the usual way to recover money that has been paid into the Clerk of Superior Court as “unclaimed” is for the estate’s personal representative to file a…
Do I need a professional appraisal for probate inventory, or can I use comparable listings from resale sites? – North Carolina Short Answer In North Carolina probate, the inventory should report a supportable fair market value as of the date of death. A professional appraisal is allowed and sometimes wise, but it is not automatically…
How do I get access to important records like the death certificate and other documents needed to settle my child’s affairs? – North Carolina Short Answer In North Carolina, a parent can usually obtain a certified copy of an adult child’s death certificate through the county Register of Deeds (or the State Registrar) because parents…
How do I prove that the property named in the will is the same property shown on the deed and county records? – North Carolina Short Answer In North Carolina, the usual way to prove the will’s “house description” matches the county’s deed records is to match the will’s description to the property’s legal description…
How can I find and access the probate court file for my parent’s estate if it isn’t showing up online? – North Carolina Short Answer In North Carolina, the probate (estate) file is kept by the Clerk of Superior Court in the county where the estate was opened, and it can usually be reviewed in…
What happens if the original will was never filed or recorded after the death? – North Carolina Short Answer In North Carolina, a will does not “take effect” through the court system until it is delivered to the Clerk of Superior Court and admitted to probate. If the original will was never filed after death,…
Do I need to provide the original will to my new attorney, or is a copy enough to start the process? – North Carolina Short Answer In North Carolina, a copy of the will is often enough for a new probate attorney to start evaluating the case, gathering information, and preparing the initial paperwork. But…
Who is supposed to be in charge of the estate if the person was under state guardianship before they died? – North Carolina Short Answer In North Carolina, the guardian’s authority ends when the ward dies, and the estate is then handled by a court-appointed personal representative (the executor named in a will, or an…
What happens if the executor spends the sale money before paying me what I’m owed? – North Carolina Short Answer In North Carolina, an executor (personal representative) must collect and protect estate assets, pay valid debts and expenses, and then distribute what is left to the people entitled to receive it. If the executor spends…
What happens if the will can’t be probated and the property is treated as heir property? – North Carolina Short Answer In North Carolina, if a will is not probated (or cannot be probated), the house is often treated in practice as “heir property,” meaning title is handled as if the owner died without a…
