Can I recover family heirlooms that the executor has taken without permission? – North Carolina Short Answer Yes. Under North Carolina probate law, an executor (called a “personal representative”) must safeguard estate property, inventory it, and account for what was collected and sold. When heirlooms or other property are being withheld, moved offsite, or sold…
How can I get the reverse mortgage company to hold off until probate is complete? – North Carolina Short Answer In North Carolina, a reverse mortgage does not automatically pause just because probate is still open. The practical way to get the lender to “hold off” is to (1) get a personal representative qualified with…
What do I need to include in the probate petition for real estate and a home equity line? – North Carolina Short Answer In North Carolina, the initial probate filing with the Clerk of Superior Court usually does not “transfer” a house or a home equity line of credit (HELOC) into an heir’s name by…
When will I be able to access and distribute the funds from my sibling’s small bank account? – North Carolina Short Answer In North Carolina, access to and distribution of a deceased person’s bank funds usually happens only after a Clerk of Superior Court procedure gives someone legal authority to collect the money (either through…
How is an intestate estate divided between two siblings when there is no spouse? – North Carolina Short Answer In North Carolina, when a parent dies without a will and there is no surviving spouse, the parent’s “net estate” generally passes to the children. If there are exactly two children and both are living, each…
Do I need to file a petition to enforce the pour-over will and trust provisions? – North Carolina Short Answer Usually, no. In North Carolina, a pour-over will generally works without a separate “enforcement” petition because state law allows a will to leave assets to an existing trust, and those assets then follow the trust’s…
What happens to estate administration when the personal representative is unable to act due to medical incapacity? – North Carolina Short Answer In North Carolina, estate administration does not stop just because the court-appointed personal representative becomes medically incapacitated. If the incapacity prevents the personal representative from doing required estate tasks, an interested person can…
Can I file final estate papers if the title transfer is still pending? – North Carolina Short Answer Usually not if the pending title transfer means the estate still has an “open” asset or an unfinished distribution. In North Carolina, a final account is meant to close the estate with no property left on hand,…
Can I list or sell the decedent’s house before the estate is formally opened? – North Carolina Short Answer Usually, no. In North Carolina, a person generally needs legal authority (most often Letters Testamentary or Letters of Administration from the Clerk of Superior Court) before signing a listing agreement, contract, or deed on behalf of…
Is there a two-year or small estate process that lets me avoid full probate? – North Carolina Short Answer Yes. North Carolina has (1) a small-estate “collection by affidavit” procedure for limited personal property, and (2) a separate two-year rule that can help heirs or devisees transfer a decedent’s North Carolina real estate without opening…
