Category Archives: Probate Q&A Series

How can a personal representative reimburse funeral expenses from wrongful death proceeds in Durham County when no estate assets exist?

Can I Get Reimbursement for Funeral Expenses from Wrongful Death Proceeds in Durham County, NC? Under North Carolina law, wrongful death proceeds pass outside the estate and belong to statutory beneficiaries—not the estate itself. See N.C. Gen. Stat. § 28A-18-2. By contrast, funeral and burial expenses qualify as estate administration costs under N.C. Gen. Stat.…

How do I probate an out-of-state decedent’s will in Moore County, NC?

FAQ: How Do I Probate a Will in Moore County, NC, When the Decedent Recently Moved from Out of State? When someone dies with a valid will, the first step is to file the original document with the Moore County Clerk of Superior Court. Under North Carolina law, you admit a will by filing it…

When does North Carolina require ancillary probate for out-of-state decedents owning real property?

1. What Is Ancillary Probate in North Carolina and When Is It Required? Ancillary probate arises when someone dies owning real estate in North Carolina but resides and conducts primary estate administration elsewhere. Even if the estate is open in another state, North Carolina law demands a local proceeding to clear title and authorize sale…

In North Carolina, can a personal representative resign after personally paying estate debts and still retain the house and contents?

Can I resign as Personal Representative after paying estate debts myself and keep the house and its contents? When a spouse dies, North Carolina law requires the person appointed as Personal Representative (PR) to collect assets, pay valid creditor claims and file a final accounting before distribution. If you choose to pay medical bills, funeral…

What steps can a North Carolina heir or beneficiary take to obtain or compel production of will and trust documents?

FAQ 1: Do I Have a Right to See My Parents’ Will or Trust Documents as an Heir? In North Carolina, a last will and testament is a public record once the personal representative submits it for probate in the clerk of superior court’s office. N.C. Gen. Stat. § 28A-8-1 requires filing the original will…

What are the requirements for a personal representative to sell inherited real property during probate in North Carolina?

FAQ 1: What Are the Requirements to Sell Inherited Real Property During Probate in North Carolina? When you serve as administrator of a decedent’s estate in Durham County (or any North Carolina county), you must follow statutory steps before selling real estate. First, you open a full administration by filing the petition and collecting Letters…

Do I need ancillary probate in North Carolina for Seaboard property if the decedent was domiciled in another state?

FAQ 1: What Is Ancillary Probate in North Carolina and Do I Need It for Property in Seaboard? If someone dies owning real property in North Carolina but was domiciled elsewhere—like your father in Florida—the state where the property sits requires an ancillary probate case. Ancillary probate lets a North Carolina court appoint a personal…

How do I open an intestate estate and protect my inheritance rights in Buncombe County?

FAQ 1: How do I open an intestate estate in Buncombe County and protect my inheritance rights when a parent dies without a will? When someone dies without a valid will in North Carolina, the estate is “intestate” and the court follows the rules in N.C. Gen. Stat. § 28A-2-2. In Buncombe County, the surviving…

How do I access a decedent’s credit union account and insurance proceeds when I’m not a named account holder in NC?

FAQ: How can I access a decedent’s credit union account and insurance proceeds when I’m not a named account holder? In North Carolina, banks and credit unions will not release funds from an account unless you are a joint owner, pay-on-death (POD) beneficiary or Personal Representative appointed by the court. Under G.S. 28A-6-1 you must…

What steps must I take to probate a missing or lost will in Wake County when only a copy exists?

How do I probate a missing or lost will in Wake County when I have only a copy? When a decedent’s original will cannot be located, North Carolina law still allows you to admit a copy for probate in Wake County—but you must satisfy strict requirements. Under N.C. Gen. Stat. § 28A-18-3(b), the clerk of…