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…
How do I know if these estate documents are legitimate before I return anything? – North Carolina Short Answer In North Carolina, legitimate estate administration paperwork usually ties back to an estate file opened with the Clerk of Superior Court (the probate court). Before returning anything, confirm (1) the estate file exists in the correct…
What documents do I need to provide a lawyer to discuss an estate case? – North Carolina Short Answer For a first conversation about a North Carolina estate, a lawyer can usually give meaningful guidance with a few core items: the death certificate (if available), the original will (if there is one), and a basic…
Can a debt collector still pursue payment from estate assets after the claim is barred? – North Carolina Short Answer Usually no. In North Carolina, if a creditor does not properly present a claim within the required creditor-claim deadline, the claim is generally “forever barred” against the estate, meaning the personal representative should not pay…
Do my spouse’s children have to sign anything, or do they just need to be notified about the petition? – North Carolina Short Answer In most North Carolina civil-court and clerk-of-court proceedings tied to a death (including many probate-related “special proceedings”), the deceased spouse’s children usually do not have to sign anything for the petition…
How can we negotiate a vehicle balance or deficiency claim against the estate? – North Carolina Short Answer In North Carolina, a vehicle balance or “deficiency” claim (the amount allegedly still owed after a vehicle is surrendered or repossessed and sold) is usually handled as a creditor claim in the estate administration. The personal representative…
What should I do if the vehicle transfer paperwork is delayed or gets lost? – North Carolina Short Answer In North Carolina, a delayed or lost vehicle-transfer packet usually gets fixed by confirming which transfer route applies (personal representative transfer, year’s allowance assignment, or the DMV affidavit process) and then re-ordering or re-certifying the missing…
