How do I claim inherited bank accounts, retirement benefits, and a vehicle through probate? – North Carolina Short Answer In North Carolina, inherited bank accounts and a vehicle are usually claimed by the estate’s personal representative (an “administrator” when there is no will) after the Clerk of Superior Court issues Letters of Administration. Retirement benefits…
Do I need to open a small probate estate in another state before an insurer will pay a life insurance claim? – North Carolina Short Answer Usually not. Under North Carolina law, life insurance proceeds generally pay directly to the named beneficiary and do not require opening an estate in North Carolina unless the policy…
Can I still request a year’s allowance while we work to correct the death certificate, or do I have to wait? – North Carolina Short Answer In North Carolina, a surviving spouse (and certain children) can usually move forward with a request for a years allowance even if a death certificate correction is still pending.…
Do life insurance proceeds that list the estate as beneficiary have to be deposited into the estate account, and how are they shown on the final accounting? – North Carolina Short Answer Yes. In North Carolina, if a life insurance policy names the estate as beneficiary, the proceeds are estate property and should be received…
How are responsibilities divided between a plan administrator and an outside trustee, and does that change where I submit requests or claims for death benefits? – North Carolina Short Answer In North Carolina, the plan administrator usually controls the benefit claim process and decides who gets paid under the plan’s terms and beneficiary designation, while…
What happens if there is a cash or margin balance left after the securities are sold—does it delay closing the estate account? – North Carolina Short Answer In North Carolina, a leftover cash or margin balance from an investment account can delay closing an estate because the personal representative generally cannot file (or get approved)…
How do I confirm whether the estate still owes any taxes or debts after the final personal return was filed? – North Carolina Short Answer In North Carolina, filing the decedent’s final personal income tax return does not, by itself, prove the estate has no remaining taxes or debts. A personal representative typically confirms the…
What documents and approvals are needed to transfer estate property without causing title problems later? – North Carolina Short Answer In North Carolina, clean title transfers from an estate usually require (1) a probate record that clearly shows who has authority (or who inherited), and (2) a properly signed and recorded conveyance document that matches…
How do we start probate when my ex-spouse died without a will and the only heirs are our adult children? – North Carolina Short Answer In North Carolina, an ex-spouse is not the person who starts probate or serves as the estate’s administrator just because the decedent’s only heirs are the former spouse’s adult children.…
Can the estate or other heirs remove me from a home that belonged to the deceased while probate is still pending? – North Carolina Short Answer In North Carolina, other heirs usually cannot simply “kick someone out” of a deceased person’s home while probate is pending. If the person in the home will not leave…
