Category Archives: Probate Q&A Series

Do payable‑on‑death bank accounts, an IRA, and life insurance truly bypass probate, and should I wait to claim them until I handle any estate debts? nc

Do payable‑on‑death bank accounts, an IRA, and life insurance truly bypass probate, and should I wait to claim them until I handle any estate debts? – North Carolina Short Answer In North Carolina, payable-on-death (POD) bank accounts, beneficiary-designated IRAs, and life insurance generally transfer directly to the named beneficiary and are not controlled by the…

Do we need to open probate to transfer or sell a home that is in both spouses’ names and still has a mortgage? nc

Do we need to open probate to transfer or sell a home that is in both spouses’ names and still has a mortgage? – North Carolina Short Answer Often, no. In North Carolina, if a married couple owned the home as tenants by the entirety (the most common way spouses hold title), the surviving spouse…

How can I tell if a document my sibling sent about our parent’s estate is valid and safe to sign? nc

How can I tell if a document my sibling sent about our parent’s estate is valid and safe to sign? – North Carolina Short Answer In North Carolina, the safest way to judge whether an estate document is valid and safe to sign is to identify what the document does (for example, a receipt and…

Can a sibling give someone power of attorney to control a deceased parent’s property, or is power of attorney no longer valid after death? nc

Can a sibling give someone power of attorney to control a deceased parent’s property, or is power of attorney no longer valid after death? – North Carolina Short Answer In North Carolina, a power of attorney generally stops working when the person who signed it (the “principal”) dies. After death, a sibling cannot use a…

If some homes are jointly titled with the surviving spouse, can the spouse sell without probate, and what paperwork will a title company need? nc

If some homes are jointly titled with the surviving spouse, can the spouse sell without probate, and what paperwork will a title company need? – North Carolina Short Answer In North Carolina, a surviving spouse can usually sell a home without opening probate if the deed shows the home was owned with a survivorship feature…

What does a year’s allowance mean for my rights to use or sell estate property like a vehicle? nc

What does a year’s allowance mean for my rights to use or sell estate property like a vehicle? – North Carolina Short Answer In North Carolina, a year’s allowance is a court-approved assignment of certain estate personal property (or a dollar amount) to a surviving spouse and/or eligible children for support. If a vehicle is…

What steps do I take to confirm whether estate debts were paid or charged off so the court will approve a final accounting? nc

What steps do I take to confirm whether estate debts were paid or charged off so the court will approve a final accounting? – North Carolina Short Answer In North Carolina, the Clerk of Superior Court generally approves a final accounting when the personal representative can show that valid estate debts were paid in the…

What steps and documents do I need to retitle the house and the vehicles to myself under the will? nc

What steps and documents do I need to retitle the house and the vehicles to myself under the will? – North Carolina Short Answer In North Carolina, retitling a house and vehicles under a will usually starts with probating the will with the Clerk of Superior Court and getting authority to act as executor. For…

How can I formally renounce being named executor if the will lets me appoint someone else? nc

How can I formally renounce being named executor if the will lets me appoint someone else? – North Carolina Short Answer In North Carolina, a person named as executor can formally step aside by filing a written renunciation with the Clerk of Superior Court in the county where the estate will be opened. If the…

Does a bank’s internal policy ever override state law on POD accounts? nc

Does a bank’s internal policy ever override state law on POD accounts? – North Carolina Short Answer No. In North Carolina, a financial institution’s internal policy cannot override North Carolina statutes that govern pay-on-death (POD) accounts. That said, a bank or credit union can still require reasonable documentation to confirm death and beneficiary identity, and…