How do I meet out-of-state requirements to act as an estate administrator under North Carolina law? – North Carolina Short Answer In North Carolina, a nonresident can serve as an estate administrator if they are otherwise qualified, appoint a North Carolina resident process agent, post any required bond, and take the oath. The Clerk of…
How can I prepare for a virtual probate hearing via WebEx to secure my appointment as administrator? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court can issue Letters of Administration at a WebEx hearing if you are qualified, have priority or renunciations from those with higher or equal priority, have…
What documents should I bring to prove I’m qualified to serve as estate administrator? – North Carolina Short Answer Bring proof of death, your completed application, proof of your priority (and any renunciations), your posted bond, your resident process agent appointment if you live out of state, and be ready to take the oath. In…
How can we structure the sale proceeds to help my mother qualify for assisted living and protect her assets? – North Carolina Short Answer In North Carolina, start by confirming how the home is titled and separating estate issues (paying the decedent’s creditors) from your mother’s own property and care needs. If the home passed…
Will my parent’s credit card and possible medical debts pass to my mother if they were not joint obligations? – North Carolina Short Answer In North Carolina, a decedent’s individual debts are paid from the estate, not the surviving spouse, unless the spouse was a joint obligor or is liable under the “necessaries” rule for…
How do I properly complete the applicant and relationship section on the local probate petition? – North Carolina Short Answer In North Carolina, the person offering a will for probate must identify their legal role and how they are connected to the decedent. If no executor was named in the will (as here), select “devisee”…
What steps do I need to open an estate bank account and publish a notice to creditors? – North Carolina Short Answer In North Carolina, once you receive Letters Testamentary or Letters of Administration from the Clerk of Superior Court, you should promptly obtain an EIN for the estate and open a separate estate bank…
How can I find out who transferred funds from a deceased person’s account after they passed away? – North Carolina Short Answer In North Carolina, a duly appointed executor can request bank and credit union records using their Letters to see who accessed or moved funds after death. If an institution or person will not…
How do I identify and reach payable-on-death beneficiaries on bank accounts? – North Carolina Short Answer In North Carolina, payable-on-death (POD) accounts transfer directly to the named beneficiaries outside probate. As executor or administrator, present your Letters to each bank or credit union and request the account agreement, signature card, and POD designation to identify…
What steps should I take to report and include a post-death account transfer in the estate inventory and accounting? – North Carolina Short Answer In North Carolina, list every probate asset at its date-of-death value on the Inventory within three months of qualifying, even if the asset was later closed or transferred. Payable-on-death (POD) accounts…
