How do I verify a bank’s creditor claim against an estate before paying it? – North Carolina Short Answer In North Carolina, a personal representative should not pay a bank’s creditor claim until the claim is timely presented and supported by enough documentation to confirm the amount owed, the legal basis for the debt, and…
Can the estate inventory be filed before the affidavit of notice to creditors is completed, or should I wait? – North Carolina Short Answer In North Carolina, the estate inventory is generally due within three months after the personal representative qualifies, and many Clerks expect the affidavit of notice to creditors to be filed at…
How can I start the probate process after my sibling died? – North Carolina Short Answer In North Carolina, the probate process usually starts by filing the right opening paperwork with the Clerk of Superior Court in the county where the deceased person lived and having a personal representative (executor or administrator) qualify. If most…
Can I use and transfer dad’s tools and vehicles before the estate is probated? – North Carolina Short Answer Usually, no. In North Carolina, most transfers of a deceased person’s vehicles and other personal property should wait until someone is officially appointed by the Clerk of Superior Court as the estate’s personal representative and receives…
Do I have to be a resident of the state handling the estate to qualify as a co-administrator? – North Carolina Short Answer No. In North Carolina, a person can often qualify as a co-administrator (a co-personal representative) even if that person lives outside North Carolina. However, a nonresident co-administrator commonly must appoint a North…
What documents and information are required to prepare a probate petition? – North Carolina Short Answer In North Carolina, opening a probate estate usually requires paperwork filed with the Clerk of Superior Court, proof of death, and (if one exists) the original Will. The main filing typically includes the decedent’s identifying information, estimated assets, and…
How do I enforce inclusion of missing assets that were not listed in an estate’s probate inventory? – North Carolina Short Answer In North Carolina, the usual way to force missing estate assets to be addressed is to bring the issue to the Clerk of Superior Court handling the estate and ask for an order…
What are my duties and deadlines as a personal representative living out of state? – North Carolina Short Answer In North Carolina, a personal representative who lives out of state generally has the same core duties as an in-state personal representative: take control of estate property, keep good records, give required creditor notice, file an…
What deadlines apply for opening the estate and filing required inventories? – North Carolina Short Answer In North Carolina, there is not a single across-the-board deadline to “open” an estate, but practical deadlines often push families to qualify an administrator sooner rather than later (for example, to access accounts, sell property, or deal with creditors).…
Can I dispute an estate administrator’s claimed expenses? – North Carolina Short Answer Yes. In North Carolina, an heir or other “interested person” can object when a personal representative (estate administrator) seeks reimbursement for expenses or asks the Clerk of Superior Court to approve fees as part of estate accounting or a petition for payment.…
