Probate Q&A Series

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Probate Q&A Series

How do we identify and collect the deceased person’s bank accounts, including an account in another country, during probate? nc

How do we identify and collect the deceased person’s bank accounts, including an account in another country, during probate? – North Carolina Short Answer In North Carolina probate, the personal representative (executor or administrator) identifies and collects bank accounts by gathering records, contacting likely financial institutions, and using the court-issued Letters (Letters Testamentary or Letters…

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Probate Q&A Series

Can we remove a co-administrator for not doing their duties, and would that affect the heirs’ ownership interests in the property? nc

Can we remove a co-administrator for not doing their duties, and would that affect the heirs’ ownership interests in the property? – North Carolina Short Answer Yes. In North Carolina, an interested person can ask the Clerk of Superior Court to revoke a co-administrator’s authority if the co-administrator is disqualified, obtained the appointment by mistake…

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Probate Q&A Series

Who is allowed to request that an estate be reopened? nc

Who is allowed to request that an estate be reopened? – North Carolina Short Answer In North Carolina, any person “interested in the estate” may ask the Clerk of Superior Court to reopen a closed estate. This usually includes heirs, beneficiaries under a will, the prior personal representative (executor/administrator), and sometimes creditors or others whose…

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Probate Q&A Series

How do I handle a property the deceased co-owned with someone who isn’t an heir when I’m trying to transfer the estate’s interest? nc

How do I handle a property the deceased co-owned with someone who isn’t an heir when I’m trying to transfer the estate’s interest? – North Carolina Short Answer In North Carolina, the first step is to confirm how the deceased parent co-owned the property (for example, tenants in common versus joint tenancy with right of…

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Probate Q&A Series

What happens if other heirs are hostile or uncooperative while I’m trying to handle and distribute estate property? nc

What happens if other heirs are hostile or uncooperative while I’m trying to handle and distribute estate property? – North Carolina Short Answer In North Carolina, hostility from other heirs does not stop an administrator from doing the job. The administrator generally has authority (and a duty) to gather estate property, protect it, and then…

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Probate Q&A Series

What happens if my co-administrator won’t respond or won’t sign the probate paperwork? nc

What happens if my co-administrator won’t respond or won’t sign the probate paperwork? – North Carolina Short Answer In North Carolina, co-administrators generally must work together to administer the estate, and a lack of cooperation can stall required filings, access to assets, and closing the estate. When a co-administrator will not communicate or will not…

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Probate Q&A Series

Can I force an executor or personal representative to distribute estate money to beneficiaries? nc

Can I force an executor or personal representative to distribute estate money to beneficiaries? – North Carolina Short Answer Sometimes. In North Carolina, a personal representative (executor/administrator) generally cannot make final distributions until the estate’s required steps are completed, including paying valid debts and filing required accountings with the Clerk of Superior Court. If estate…

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Probate Q&A Series

If an estate qualifies as a small estate, what options are available when a financial institution still demands letters of administration or a court order? nc

If an estate qualifies as a small estate, what options are available when a financial institution still demands letters of administration or a court order? – North Carolina Short Answer In North Carolina, a small-estate process can reduce (or avoid) the need to open a full estate with Letters, but a bank may still refuse…

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Probate Q&A Series

What happens if I cancel a deceased relative’s insurance policy without being the executor or personal representative? nc

What happens if I cancel a deceased relative’s insurance policy without being the executor or personal representative? – North Carolina Short Answer In North Carolina, an insurance company will usually treat the executor or court-appointed personal representative as the person with legal authority to make changes to a deceased person’s policy or to handle policy-owned…

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Probate Q&A Series

Do both co-administrators have to sign the notice-to-creditors form, and does it need to be notarized? nc

Do both co-administrators have to sign the notice-to-creditors form, and does it need to be notarized? – North Carolina Short Answer In most North Carolina estates, the notice to creditors is signed by the personal representative(s) who are giving the notice. When there are co-administrators (co-personal representatives), the safest practice is for both to sign…

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Probate Q&A Series

If I have text messages suggesting a will was destroyed, do I have a legal duty to report or disclose that during the estate process? nc

If I have text messages suggesting a will was destroyed, do I have a legal duty to report or disclose that during the estate process? – North Carolina Short Answer In North Carolina, there is no single, universal “reporting” form that automatically must be filed just because text messages suggest a will was destroyed. But…

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Probate Q&A Series

If a beneficiary named in the will died before the person who made the will, can that beneficiary’s child inherit in their place? nc

If a beneficiary named in the will died before the person who made the will, can that beneficiary’s child inherit in their place? – North Carolina Short Answer Often, yes. In North Carolina, if a will beneficiary died before the person who made the will (the “testator”), the beneficiary’s children (or other “issue”) may take…

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