Can I file a probate petition on behalf of other heirs or interested parties? – North Carolina Short Answer In North Carolina, one heir or other “interested person” can usually start a probate-related court proceeding, but that person generally cannot file as the other heirs unless those other heirs formally join the petition or give…
If there are multiple accounts (an estate account and the decedent’s account), do I need separate authorizations to close each one? – North Carolina Short Answer Usually, yes. In North Carolina, an estate account (opened in the estate’s name after the personal representative qualifies) and the decedent’s pre-death account(s) are legally different accounts, and financial…
What are the next steps to start trust administration and asset distribution when there’s delay? – North Carolina Short Answer In North Carolina, the next steps usually start with confirming who the trustee is, getting a copy of the trust, and making a written demand for information and action. If the trustee continues to delay,…
What happens if a parent dies with an unsigned will—does it count at all, or is it treated like there is no will? – North Carolina Short Answer In North Carolina, an unsigned will usually does not count as a valid will, so the estate is typically handled as if there is no will (intestate).…
As the executor, can I refuse the fiancé’s demand and delay or stop the sale of the house until the dispute is resolved? – North Carolina Short Answer In North Carolina, an executor generally does not have to accept a non-spouse partner’s demand for a “percentage of the house” unless that person has a legally…
What steps should I take to find and transfer unknown bank and retirement accounts into my name? – North Carolina Short Answer In North Carolina, unknown bank and retirement accounts usually cannot be transferred directly into an heir’s name until someone has legal authority to act for the estate (typically a court-appointed personal representative). The…
What happens if an heir took money from the decedent’s account before the estate was settled—can that be treated as an early inheritance and deducted from their share? – North Carolina Short Answer Sometimes, but not automatically. In North Carolina, a lifetime gift can be treated as an “advancement” (an early inheritance) and charged against…
Can the executor distribute paper savings bonds to heirs instead of cashing them, and what are the pros and cons for taxes and timing? – North Carolina Short Answer Yes. In North Carolina, if paper U.S. savings bonds are titled in the decedent’s name alone and are part of the probate estate, the executor can…
What steps do I need to transfer the family home to myself through probate? – North Carolina Short Answer In North Carolina, transferring a deceased parent’s home into one heir’s name usually requires opening an estate file with the Clerk of Superior Court in the county where the parent lived (domicile), then recording the right…
What happens to ongoing maintenance fees and other charges while a timeshare is in probate? – North Carolina Short Answer In North Carolina, a timeshare’s maintenance fees and other program charges usually keep coming due during probate. If the estate does not pay, the managing entity can add interest and late fees, restrict use rights,…
