Do we need court permission to sell estate real estate to pay creditor claims? – North Carolina Short Answer Often, yes. In North Carolina, when an estate needs to sell a decedent’s real estate to raise money to pay valid creditor claims, the personal representative typically must get an order through a clerk-of-court supervised sale…
What can I do to stop someone from selling or giving away family heirlooms and other personal property before the estate is settled? – North Carolina Short Answer In North Carolina, the most effective way to stop someone from selling or giving away a decedent’s personal property is to get a personal representative (executor/administrator) appointed…
What is the process for handling firearms held by law enforcement after the owner dies, and can they be transferred to an heir or held for a child? – North Carolina Short Answer In North Carolina, firearms held by law enforcement after an owner’s death are usually released only to a legally authorized person (often…
What happens if the executor misses the deadline to file the estate inventory and the court issues an order to file? – North Carolina Short Answer In North Carolina, if a personal representative (executor) misses the inventory deadline, the Clerk of Superior Court can issue an “order to file” requiring the inventory to be filed…
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…
