Do heirs have to consent to selling estate property to pay creditors, or can the estate administrator sell it without everyone signing? – North Carolina Short Answer In North Carolina, heirs do not always have to sign or consent for estate real property to be sold to pay valid estate debts. If the estate needs…
What does an order to file an estate inventory mean, and what am I required to submit? – North Carolina Short Answer In North Carolina, an “order to file an estate inventory” means the Clerk of Superior Court has directed the personal representative (executor or administrator) to file the required estate inventory by a set…
What happens to a pending or threatened foreclosure when the property owner dies and the estate is insolvent? – North Carolina Short Answer In North Carolina, a property owner’s death does not wipe out a mortgage or deed of trust, and it usually does not stop a secured lender from foreclosing. If the estate is…
How do I find out whether I am still a beneficiary on my parent’s investment accounts that were supposed to pass outside of probate? – North Carolina Short Answer In North Carolina, investment accounts often pass outside probate through a beneficiary designation (commonly shown as TOD/POD) or joint ownership with survivorship. The most reliable way…
How do I figure out whether a creditor’s claim against an estate is valid and properly filed? – North Carolina Short Answer In North Carolina probate, a creditor’s claim is usually “properly filed” only if it is presented in the required written form, delivered to the right place (the personal representative or the Clerk of…
Can the estate require that the deceased owner’s share of the home-sale proceeds be held back to pay estate expenses and creditor claims before the heirs get paid? – North Carolina Short Answer Yes. In North Carolina, the personal representative generally must make sure valid estate expenses and creditor claims are paid (in the legal…
If no probate was opened after earlier family deaths, does that affect who owns the property now or the ability to sell it? – North Carolina Short Answer In North Carolina, not opening probate does not automatically stop ownership from passing at death, but it often leaves the property’s title “unclear” in the public records.…
How do I use a small-estate affidavit to close a deceased parent’s credit union account and receive the remaining funds? – North Carolina Short Answer In North Carolina, a “small-estate affidavit” is typically a collection by affidavit process that lets an heir collect certain personal property (like a credit union account) without opening a full…
How do we handle transferring a paid-off house and a vehicle when there is no will and no surviving spouse? – North Carolina Short Answer In North Carolina, when someone dies without a will and without a surviving spouse, the house and vehicle usually pass to the decedent’s heirs under the state’s intestate succession rules,…
If we signed an equitable distribution agreement but never got a divorce decree, do I still count as the surviving spouse for inheritance and estate rights? – North Carolina Short Answer Usually, yes. In North Carolina, a signed equitable distribution agreement does not end a marriage by itself, so if no absolute divorce decree was…
