Can the property sale move forward before the inventory is approved, or do we need to wait? – North Carolina Short Answer In North Carolina, a property sale does not automatically have to wait for the estate inventory to be approved. What usually controls timing is whether the personal representative has legal authority to sell…
What happens if a sibling challenges the will or claims an asset after the estate has already been opened? – North Carolina Short Answer In North Carolina, opening an estate and probating a will does not always end disputes. A sibling (or other “interested person”) can still file a will contest (called a caveat) within…
What is the best way to handle a paid‑off car when one heir wants to keep it—can we offset the value with cash instead of making that heir write a check to the estate? – North Carolina Short Answer Yes. In North Carolina probate, a personal representative can usually distribute a paid-off car “in kind”…
What’s the best way to identify the correct shareholder account if I have multiple account numbers or the shares were held with a different issuer or transfer agent? – North Carolina Short Answer In North Carolina probate, the most reliable way to identify the correct shareholder account is to match the decedent’s name, Social Security…
Can one of us take the lead with the court paperwork, or do both of us need to be involved? – North Carolina Short Answer In North Carolina, one person usually takes the lead by applying to the Clerk of Superior Court to be appointed as the estate’s personal representative (executor or administrator). However, if…
Can a personal representative request a death certificate if they are not next of kin, and what authorization is acceptable? – North Carolina Short Answer Yes. In North Carolina, a personal representative (executor or administrator) can usually obtain a certified death certificate even if they are not next of kin, as long as the request…
What proof is required to replace a deceased executor, and who should obtain certified copies and death certificates? – North Carolina Short Answer In North Carolina, when the sole executor (personal representative) dies, the Clerk of Superior Court (Estates) can appoint a successor personal representative. The clerk typically accepts reliable proof of the executor’s death…
How do I get a copy of a deceased parent’s will and probate file if other family members won’t share it? – North Carolina Short Answer In North Carolina, once a will is filed and admitted to probate, the original will and the estate file are kept by the Clerk of Superior Court and are…
Do I need court approval before paying unsecured creditors from sale proceeds? – North Carolina Short Answer Usually, a North Carolina personal representative does not need a separate court order just to pay a valid unsecured creditor from estate funds, including proceeds received after a court-authorized sale of estate real property. The personal representative must…
If one home is in trust and another is not, what can a creditor reach, and can a court force a sale? – North Carolina Short Answer In North Carolina, a creditor generally looks first to the decedent’s probate estate (assets titled in the decedent’s name at death and controlled by the executor). A home…
