Are there any downsides or risks to filing probate without qualification, like losing the original will during submission? – NC

Are there any downsides or risks to filing probate without qualification, like losing the original will during submission? – NC Short Answer Yes. In North Carolina, probate without qualification can be a useful way to admit a will to probate without opening a full estate, but it still requires the original will to be delivered…

What is the difference between a joint bank account and a payable-on-death designation when someone dies? – NC

What is the difference between a joint bank account and a payable-on-death designation when someone dies? – NC Short Answer In North Carolina, a true joint bank account with right of survivorship usually passes to the surviving co-owner at death, while a payable-on-death (POD) designation pays the balance to the named beneficiary only after the…

Where should checks made payable to a deceased person be sent so the executor can deposit them into the estate account? – NC

Where should checks made payable to a deceased person be sent so the executor can deposit them into the estate account? – NC Short Answer In North Carolina, checks payable to a deceased person are usually sent to the court-appointed personal representative handling the estate, or to that representative’s probate counsel for delivery into the…

How do we sell a property that’s jointly owned by a surviving spouse and a deceased spouse’s children while the estate is still open? – NC

How do we sell a property that’s jointly owned by a surviving spouse and a deceased spouse’s children while the estate is still open? – NC Short Answer In North Carolina, a sale can usually move forward while the estate is still open if a personal representative has been appointed and the people who actually…

How are the heirs or beneficiaries determined when there is a dispute about whether the estate should proceed with a will or without one? – NC

How are the heirs or beneficiaries determined when there is a dispute about whether the estate should proceed with a will or without one? – NC Short Answer In North Carolina, the answer depends on whether the clerk of superior court accepts a valid will for probate. If a valid will is admitted, the people…