Category Archives: Probate Q&A Series

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? NC

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? NC

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? NC

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? NC

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? NC

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? – NC

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…

Who can file a year’s allowance on behalf of a child, and what documents are required? NC

Who can file a year’s allowance on behalf of a child, and what documents are required? – North Carolina Short Answer In North Carolina, a child’s year’s allowance must be claimed during the child’s lifetime by the person who has legal priority to file for the child—usually the child’s guardian, then a surviving parent (if…

How do I confirm the court received all required schedules, receipts, and notices with the final accounting? NC

How do I confirm the court received all required schedules, receipts, and notices with the final accounting? – North Carolina Short Answer In North Carolina probate, the best way to confirm the court received everything that must accompany a final account is to confirm what is actually in the estate file maintained by the Clerk…

Who is responsible for paying outstanding medical bills after someone dies, and how are those payments approved and issued from the estate? – NC

Who is responsible for paying outstanding medical bills after someone dies, and how are those payments approved and issued from the estate? – North Carolina Short Answer In North Carolina, outstanding medical bills are generally paid from the deceased person’s estate—not automatically by family members—so long as the bill is a valid creditor claim and…

How do I confirm if the alternate trustee will serve or if I need to appoint someone else to administer the testamentary trust? NC

How do I confirm if the alternate trustee will serve or if I need to appoint someone else to administer the testamentary trust? – North Carolina Short Answer In North Carolina, an alternate trustee serves only after the alternate trustee accepts the trusteeship. Acceptance usually happens by signing an acceptance document if the will or…