Category Archives: Probate Q&A Series

How do I obtain full transaction histories and closing statements for all accounts held by the decedent, including unusual accounts like a subscriber equity interest? NC

How do I obtain full transaction histories and closing statements for all accounts held by the decedent, including unusual accounts like a subscriber equity interest? – North Carolina Short Answer In North Carolina, a personal representative usually obtains full transaction histories and closing statements by sending a written records request to each financial institution or…

Can the grandchildren transfer their inherited interests so only one keeps the real estate? – NC

Can the grandchildren transfer their inherited interests so only one keeps the real estate? – North Carolina Short Answer Yes—under North Carolina law, once the grandchildren have inherited undivided interests in the house, the ones who do not want to remain owners can usually transfer (deed) their shares to the one grandchild who will keep…

What steps do I take to get a declaratory judgment that my parent’s online will is invalid? NC

What steps do I take to get a declaratory judgment that my parent’s online will is invalid? – North Carolina Short Answer In North Carolina, the usual way to get a court decision that a will is invalid is a will caveat filed with the Clerk of Superior Court in the estate file after the…

What steps are needed to transfer my grandmother’s real estate to her heirs without a will? NC

What steps are needed to transfer my grandmother’s real estate to her heirs without a will? – North Carolina Short Answer In North Carolina, when someone dies without a will, the house and land generally pass to the legal heirs under the intestacy statutes, but the title is still subject to estate debts and the…

What steps do I need to take to get a second opinion on estate administration? NC

What steps do I need to take to get a second opinion on estate administration? – North Carolina Short Answer In North Carolina, getting a second opinion on estate administration usually starts with collecting the estate file and the executor’s key paperwork (the will, inventories, and accountings) and then having a probate attorney review what…

Is my mother’s prior notarized agreement to support my child enforceable after her death? NC

Is my mother’s prior notarized agreement to support my child enforceable after her death? – North Carolina Short Answer Sometimes. In North Carolina, a valid contract the decedent signed to provide financial support can survive death and be enforceable as a claim against the estate, but only if the agreement was truly contractual (not just…

How do I find out if I’m named as a beneficiary in the will? NC

How do I find out if I’m named as a beneficiary in the will? – North Carolina Short Answer In North Carolina, once a will is admitted to probate, it becomes part of the decedent’s estate file at the Clerk of Superior Court and is generally a public court record. A beneficiary can usually confirm…

How do I transfer a motor home title out of an estate as the executor? NC

How do I transfer a motor home title out of an estate as the executor? – North Carolina Short Answer In North Carolina, an executor (personal representative) usually transfers a motor home out of an estate by signing the decedent’s title as the “seller” in a representative capacity and giving the buyer or beneficiary the…

What options do I have if the administrator won’t agree to fair terms, such as a partition action? NC

What options do I have if the administrator won’t agree to fair terms, such as a partition action? – North Carolina Short Answer In North Carolina, a co-owner who inherited real estate usually has options when an estate administrator proposes a refinance or buyout on terms that seem unfair. Common options include demanding clearer estate…

How do I file a year’s allowance petition to preserve my mother’s spousal right in probate? NC

How do I file a year’s allowance petition to preserve my mother’s spousal right in probate? – North Carolina Short Answer In North Carolina, a surviving spouse preserves the right to a year’s allowance by filing a verified petition with the Clerk of Superior Court in the county where probate venue is proper and, if…